Need extension to expiration of lease

[LittleTimeLeft]

Our landlord verbally requested an end to our month to month verbal rental agreement to be effective August 1. He was kind enough to give us 2 1/2 months knowing we would have difficulty finding a place that would accept pets. I have put a tremendous amount of effort into finding a new rental with almost no success. At this time we may be accepted for tenancy begining Sept. 1. If the current landlord will not be flexible and allow us to stay the extra month (he has eluded that he will not grant an extension), what course of action can he take if we do not leave the premises August 1?

I know this sounds awful of us; we would gladly go today if we had a place. We have been extremely flexible with the "sub-standard conditions" he has subjected us to. We updated the apartment, have done the good majority of repairs, cleaned up from countless floods, lived with the stench of drying, molded carpets and walls etc, etc. for over 4 years-not to mention the loss of some of our property. Just felt I needed to justify such a wicked thought of inconveniencing the owner! and I know we should have gone a long time ago.

Do we have any legal rights? Would an eviction process typically take longer than the 31 extra days we need? This apartment is in the basement of a private house on Long Island, NY-illegal I am sure. Can the landlord even admit to the authorities that we are here? Can he sieze our property or worse yet enter when we are not here and inflict harm on our pets?

Please offer some alternatives other than just getting out--we really don't have anywhere to go. I truly appreciate your assistance.

 

[Tracey]

Notice to terminate a month-to-month lease has to be in writing to be effective. L can tell you to leave every day for a year & it has no legal effect until he puts it in writing. Wait until 8/1 and serve L with written notice that, pursuant to his verbal request, you are terminating the month-to-month tenancy effective 8/30. Don't hold over -- you pay double rent for each holdover day!

Real Property Laws, Article 7
Sec. 228. Termination of tenancies at will or by sufferance, by notice. A tenancy at will or by sufferance, however created, may be terminated by a written notice of not less than thirty days given in behalf of the landlord, to the tenant, requiring him to remove from the premises; which notice must be served, either by delivering to the tenant or to a person of suitable age and discretion, residing upon the premises, or if neither the tenant nor such a person can be found, by affixing it upon a conspicuous part of the premises, where it may be conveniently read.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[LittleTimeLeft]

Tracey and Mee,

Thank you for your guidance and empathy. I hate to go this route but am very glad I can use the boxes I accumulated to pack my belongings rather than to construct a temporary shelter! Tracey, I will write that letter and serve L with it if he doesn't give in before the magical 30 day deadline.

Mee, you'll be glad to know I am not so dumb after all. We used our security last year during a financial crunch. I conveniently ignored the fact that my fiancee said he would pay it back, just as L conveniently forgot to pay us for an $800 coat he tore while--are you ready for this???--moving the stove to the backyard in an effort to hide it from the inspectors. It was clear by this time that L should have given us a security deposit in case any more of our items were destroyed by his lack of agility or failure to make major repairs! I also deducted the cost of most of the supplies I used to renovate the apartment (he agreed with this). Our labor of course was free but it was that or live with the disgusting filth. Not an option in my opinion.

As I have said for some time now, either he is really stupid or he thinks we are. With your help, he will conclude the latter is not true. He took advantage of our generosity and maybe sometimes the good guys win. I feel much better than last night--I was really panicking. Now I pray we get this georgeous house we put a deposit on this past weekend. Interviewing with the owner Wednesday night. I will let you know the outcome. Keep your fingers crossed for us.

PS - We did not inconvenience new tennants. L is allowing the company he works for to use it as an office -- probably another zoning infraction. Besides wait till the flood gates open!!! They will be sorry.

Thanks again. Little time left

 

[mee]

The Landlord has NO LEGAL RIGHT in NY to collect any rent from and Illegal apartment....he has to go to supreme court and file for an Ejectment. which could take months....

.....so just what do you think he can do...NOTHING civil or housing court will throw it out because its an Illegal apartment.

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<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LittleTimeLeft:
Tracey and Mee,

Thank you for your guidance and empathy. I hate to go this route but am very glad I can use the boxes I accumulated to pack my belongings rather than to construct a temporary shelter! Tracey, I will write that letter and serve L with it if he doesn't give in before the magical 30 day deadline.

Mee, you'll be glad to know I am not so dumb after all. We used our security last year during a financial crunch. I conveniently ignored the fact that my fiancee said he would pay it back, just as L conveniently forgot to pay us for an $800 coat he tore while--are you ready for this???--moving the stove to the backyard in an effort to hide it from the inspectors. It was clear by this time that L should have given us a security deposit in case any more of our items were destroyed by his lack of agility or failure to make major repairs! I also deducted the cost of most of the supplies I used to renovate the apartment (he agreed with this). Our labor of course was free but it was that or live with the disgusting filth. Not an option in my opinion.

As I have said for some time now, either he is really stupid or he thinks we are. With your help, he will conclude the latter is not true. He took advantage of our generosity and maybe sometimes the good guys win. I feel much better than last night--I was really panicking. Now I pray we get this georgeous house we put a deposit on this past weekend. Interviewing with the owner Wednesday night. I will let you know the outcome. Keep your fingers crossed for us.

PS - We did not inconvenience new tennants. L is allowing the company he works for to use it as an office -- probably another zoning infraction. Besides wait till the flood gates open!!! They will be sorry.

Thanks again. Little time left<HR></BLOCKQUOTE>