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I have a month to month lease and now have been injured

I have a month...

I have a month to month lease and now have been injured resulting in a fractured ankle which led me to be out of work fir the past 3 months. I am unable to move. Can my landlord evict me?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

New York

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

I don’t have a lease. Black ice was the cause of the injury. Can he take me to court to be evicted ?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That’s it. Thanks

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Customer reply replied 5 months ago
I read that a 30 day notice is required on month to month. If I still don’t move is the next step going to court? What rights due I have since I was injured on premises and have lost wages?
Answered in 10 minutes by:
3/16/2018
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,219
Experience: 30 years of real estate practice experience.
Verified
Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.
I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.
I appreciate your patience as I review your question. I will post my response shortly.
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Are you saying that you can not pay the rent?
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Customer reply replied 5 months ago
No I am paying my rent and don’t have anything outstanding. I have been living here going on 4 years. Just want to know my rights since I have a month to month lease
Customer reply replied 5 months ago
My lease expired last June 2017. Since then I have been month to month.
Customer reply replied 5 months ago
I got injured on the premises in January. If I am taken to court will this injury be taken into consideration?
Thank you for the additional information.
I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get. I just ask that you not shoot the messenger.
Unfortunately, your injury will not prevent the judge from issuing an order to evict.
You may be able to get a hardship delay but it is measured in days, not weeks or months.
The proces, once the landlord files in court, take about a month until an actual eviction.
I am sorry. I wish I could tell you otherwise, but I do not want you blindsided.
.If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.
There is no additional charge to you for rating me favorably.
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,219
Experience: 30 years of real estate practice experience.
Verified
Loren and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 5 months ago
Not the answer I wanted to hear. But thank you for your advise.
Customer reply replied 5 months ago
Another question. What if the property is not registered with HPD.
That would not make a difference either.
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Customer reply replied 5 months ago
Ok thanks.
You are very welcome. Thank you for using JA and good luck.
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Loren
Loren
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Category: Real Estate Law
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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