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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 30167
Experience:  JA Mentor
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I am a hold over tenant in Brooklyn NY and have been for

Customer Question

I am a hold over tenant in Brooklyn NY and have been for years. I pay my rent on the first every month. I pay market rent for the neighborhood. This month my landlord has not taken my rent check per the usual arrangement but did not approach me about a problem or ask me to move. I am afraid to call him because this will give him a chance to create a hostile situation and justify any legal action taken by him. Like most landlords he's a saint:) Should I wait until he serves me a notice to vacate? I have lived in the apartment for nineteen years. Thank you.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

If your lease expired years ago and you've been paying rent ever since, you're considered a month-to-month tenant at this point. That means the landlord needs to give you 30 days notice to vacate before he can legally require you to move. You can try mailing the rent to the landlord to prove that you made the payment, if you have an address. Or you can wait to see if you get a notice to pay or quit and then pay. But a landlord cannot simply refuse rent or not pick it up and then evict someone. You'd have a right to pay at any time before the eviction hearing. The most important thing is that you don't spend the money until you hear from the landlord.

If you have any questions or concerns about what I've written, please reply so that I may address them. If I did not address the specific thing that you wanted to know, it may not have come across clearly to me, so please restate that question. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.

Expert:  Lucy, Esq. replied 1 year ago.

Do you have any other questions about this?