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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 27268
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I'm currently paying on a month to month basis because my

Customer Question

I'm currently paying on a month to month basis because my landlord didn't wanna makeup a new lease. I lived at my current Residence in a private house on staten island for 2 and a half years. Lately my electricity has been going off non stop due to electrical issues of house as its a very old house and breakers keep shorting. After the landlord was told this she told me I have to move out because she doesn't want to make repairs. What can I do? I don't have the money to move out at the moment plus the way it seems now I feel she's gonna deny me my deposit back. I've paid my rent for over 2 years always on time and am a model tenant. What are my rights?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 10 months ago.

Good evening. I certainly understand the situation and your concern. Without a lease, a tenant has very limited rights, in regard to staying, when the landlord wants them to vacate. I say this because a month-to-month tenancy outside New York City may be terminated by either party by giving at least one month’s notice before the expiration of the tenancy. For example, if the landlord wants the tenant to move out by November 1 and the rent is due on the first of each month, the landlord must give notice by September 30. As such, the landlord could simply end your tenancy. The termination notice need not specify why the landlord seeks possession of the home, only that the landlord elects to terminate the tenancy and that refusal to vacate will lead to eviction proceedings. Even though you have been a model tenant, you can not force her to allow you to stay.

Expert:  RealEstateAnswer replied 10 months ago.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Expert:  RealEstateAnswer replied 10 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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