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Eviction Notice: Is email a legal form of eviction?

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valnyc

Junior Member
QUEENS-NY (NYC) Tenant
Hello everyone, I rented a room in an apt on Dec 1, 2010, no contact, just verbal agreement. My LL traveled right after renting the room and has been away for 2 months. Last January 30 she sent me an email saying she needed the room back on March 1 (which is crazy as we had verbally agreed 6 months min.) She gave me a 30 day notice. I never acknowledged the receipt of the email. She will be back, physically present, Feb 16. Question is: 1) are emails a valid and legal form of eviction? 2) What will happen if I tell her that emails are not a valid notice or, for example, that I never received her emails?
3) What exactly would happen, what steps would have to be taken on both ends, if I decided to stay longer and how much time would I probably have? 4) And would staying longer affect my legal or credit record in any way? What´s the line for me for staying and having or not having some sort of legal record or affect my credit? Thanks for the help.
 
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valnyc

Junior Member
forgot question 3-

And would staying longer affect my legal or credit record in any way? What´s the line for me for staying and having or not having some sort of legal record or affect my credit? Thanks.
 
Last edited:

Gail in Georgia

Senior Member
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QUEENS-NY (NYC) Tenant
Hello everyone, I rented a room in an apt on Dec 1, 2010, no contact, just verbal agreement. My LL traveled right after renting the room and has been away for 2 months. Last January 30 she sent me an email saying she needed the room back on March 1 (which is crazy as we had verbally agreed 6 months min.) She gave me a 30 day notice. I never acknowledged the receipt of the email. She will be back, physically present, Feb 16. Question is: 1) are emails a valid and legal form of eviction? 2) What will happen if I tell her that emails are not a valid notice or, for example, that I never received her emails?
3) What exactly would happen, what steps would have to be taken on both ends, if I decided to stay longer and how much time would I probably have? 4) And would staying longer affect my legal or credit record in any way? What´s the line for me for staying and having or not having some sort of legal record or affect my credit? Thanks for the help.


Once again, it's important for both a tenant and a landlord to understand the difference between a notice to terminate a tenancy at will and an eviction.

In the absence of a WRITTEN lease, a tenant is considered to have a month to month lease, often known as a "tenancy at will". It doesn't matter what your verbal discussion was about; if it ain't in writing, it didn't happen.

Tenancies at will can be terminated by either party; no reason for such need be provided. I've attached information on terminating such an agreement for New York city:


"MONTH-TO-MONTH TENANTS

Tenants who do not have leases and pay rent on a monthly basis are called "month-to-month" tenants. In localities without rent regulations, tenants who stay past the end of a lease are treated as month-to-month tenants if the landlord accepts their rent. (Real Property Law § 232-c)

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. In New York City, 30 days’ notice is required, rather than one month.

The termination notice need not specify why the landlord seeks possession of the apartment, only that the landlord elects to terminate the tenancy and that refusal to vacate will lead to eviction proceedings. Such notice does not automatically allow the landlord to evict the tenant. A landlord may raise the rent of a month-to-month tenant with the consent of the tenant. If the tenant does not consent, however, the landlord can terminate the tenancy by giving appropriate notice. Real Property Law § 232-a and § 232-b."


This is NOT an eviction. Only a court can grant an actual eviction. This is a notice to terminate a month to month tenancy.

The requirement is only that "notice" must be provided. It does not specify that this notice MUST be sent through the mail.

It is relatively easy for someone to determine if the person they sent the email to has opened this.

Failure to comply with this notice may result in this person filing for an actual eviction against you. The result of doing so will end up on your credit report.

Gail
 

valnyc

Junior Member
Thanks for your reply.
Yes, I realize I used the wrong term. I meant "termination of tenancy" instead of "eviction notice". Yet, the questions remain the same. And, I understand that I am a a month to month tenant as I do not have a written lease. And now I also understand that emails may or may not be acceptable (depending on certain circumstances, such as?) by certain judges. However, I can´t understand how email can be acceptable when you really can´t confirm receipt of electronic mail unless you have requested a confirmation. In this case, in theory, I could perfectly say I never received it. I might have had a problem with my email or it might have gone to my junk mail. Whatever. There´s no assurance that I received it. Seriously, there really isn´t. As for my doubts, if she gave me a notice in writing and I said I would´t leave then she has to file for an eviction. 1) What is a hearing and how long does that take? 2) How long would it probably take from the moment she filed an eviction until I would have to leave? 3) How would that affect my credit report?
Thanks
 

You Are Guilty

Senior Member
1) What is a hearing and how long does that take? 2) How long would it probably take from the moment she filed an eviction until I would have to leave? 3) How would that affect my credit report?
Thanks
1) See above link.

2) "It depends". First, you have to get a hearing date. That can (potentially) be adjourned for a number of different reasons. Then you have to have a hearing. Most take less than an hour, bit it too, can potentially be continued to a second day. Then you need the judge to issue a written decision and order. Then the order needs to be entered by the clerk. Then the court usually gives X days before permitting the eviction to proceed (can be as little as 1 day though).

So while you won't be kicked out before you can get back from court, it potentially can be as little as 1-2 days afterward, up to weeks.

3) Credit report? Probably not too much, as I doubt a private LL is reporting your payments to the credit bureaus. On the other hand, your eviction proceeding is an easily accessed public record and many (most?) landlords run potential tenants' names through the court's database to see what their history is like, and often refuse to deal with tenants with evictions in their past (especially recent ones).
 

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