eviction notices..
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Level 2

Since: Feb 12

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#1 May 2, 2012
Does anyone know anything legal when it comes to an eviction notice?

Level 2

Since: Apr 12

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#2 May 2, 2012
BellaRagazza29 wrote:
Does anyone know anything legal when it comes to an eviction notice?
Yes what info are you looking for?

Level 2

Since: Feb 12

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#3 May 2, 2012
my landlord handed it to me personally yesterday and wants me out by the end of this month. i have a month to month agreement i pay my rent by the first of every month even though i have a 10 day grace period clause in the agreement. she gave me no rhyme or reason for the eviction. it was hand written and signed by the notary public from a bank. Is this even legal?
CEO

United States

#5 May 2, 2012
Yes. If your agreement is month to month landlord or you can end the agreement anytime. You usually get 30 days.

Level 2

Since: Apr 12

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#6 May 2, 2012
BellaRagazza29 wrote:
my landlord handed it to me personally yesterday and wants me out by the end of this month. i have a month to month agreement i pay my rent by the first of every month even though i have a 10 day grace period clause in the agreement. she gave me no rhyme or reason for the eviction. it was hand written and signed by the notary public from a bank. Is this even legal?
I am assuming that you dont have any lease agreement, if so then a month to month tenancy is enforceable under law, he or she does not need to give cause but 30 days is standard. And I have never heard of a ten day grace period? why would any landlord accept those terms?
Sorry to say

Frankfort, NY

#7 May 2, 2012
My name ought to pretty much sum it up for you. You have an "at will" agreement with your landlord. He/She must give you a written notice to vacate the premises no later than 30 days to the date you must leave. The law in New York has a procedure to follow, but since it's at will, and hopefully you are current with your rent and you don't hate your landlord and they don't hate you, it should be pretty much cut and dry. NO REASON has to be given. Just 30 days. Oh, and by the way, if you have a security deposit, don't necessarily look for it the very second of the day you leave. They have up to 30 days to give it to you AFTER (you hear me? AFTER) you leave. That way they can inspect the apartment at their leisure w/o you hanging on. Now, be a good girl (or man) start looking for another place, OR, try buying a house of your own (you'll wish you were a renter again) And do the right thing. Be nice! Clean it BETTER than the way it was given to you. Thank them for all they've done for you.(You may need brownie points in case you're a stupid ass that can't find another place in a timely manner - they may have mercy on you) Oh, and why are you questioning what's legal or not? YOu just got a notice that they want to take posession of the property again - what is your beef? You like it there? NEXT time, get a lease! Even then you still can get evicted any time they want you out, AND FOR NO REASON. My advice? Skip the lawyer, you'll lose anyway. Why risk getting blacklisted on the landlord associations asshole list? Believe me, you won't be able to get a tent set up in crackhead alley if your name gets on that list.

Level 2

Since: Feb 12

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#8 May 2, 2012
i understand i can end it at anytime but everything legal i have looked up says she has to have a reason, @ mike likes it, she wrote up the agreement so she has to abide by it.

Level 2

Since: Feb 12

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#9 May 2, 2012
@ sorry to say, go give your attitude to someone else

Level 2

Since: Apr 12

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#10 May 2, 2012
BellaRagazza29 wrote:
i understand i can end it at anytime but everything legal i have looked up says she has to have a reason,@ mike likes it, she wrote up the agreement so she has to abide by it.
I dont know where you get your information from but they do not need a reason, end of story. Find a new place, you have no binding legal authority to stand on....By the way my brother is an attorney....

Level 2

Since: Feb 12

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#11 May 2, 2012
if i could find the renters agreement i would post it so you could see it.

but my friend thats on the WPD told me it has to be typed up and signed by a judge. and especially with me being almost 8 months pregnant and i do pay my rent on time and nothing in the place is trashed, she would need reason.
no reason needed -read

Little Falls, NY

#12 May 2, 2012
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 term. For example, if the rent is due on the first of each month, the landlord must inform the tenant by September 30th before the October rent is due that he wants the tenant to move out by November 1st. The termination notice need not specify why the landlord seeks possession of the apartment. 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-b)

In New York City, the landlord must serve the tenant with a written termination giving 30 days notice before the expiration of the term. The notice must state that the landlord elects to terminate the tenancy and that refusal to vacate will lead to eviction proceedings.(Real Property Law § 232-a)

Level 2

Since: Feb 12

Location hidden

#13 May 2, 2012
hmm.@ mike likes it, do you want to fork first month, last and securtiy deposit out of your pocket for me? cause i certainly dont have it to just pull out of my ass.

Level 2

Since: Feb 12

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#14 May 2, 2012
@ no reason needed, where did you find that cause the second paragraph is part of what i am talking about!!! SHE GAVE THE NOTICE OF EVICTION YESTERDAY, WHEN THATS WHEN MY RENT IS DUE!!!!!

Level 2

Since: Apr 12

Location hidden

#15 May 2, 2012
BellaRagazza29 wrote:
hmm.@ mike likes it, do you want to fork first month, last and securtiy deposit out of your pocket for me? cause i certainly dont have it to just pull out of my ass.
Well with an attitude like that I can see why your being evicted, you asked for unbiased advice, I provided some....

Level 2

Since: Feb 12

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#17 May 2, 2012
no i just think its bullshi.t that she can:

1) walk into my apartment whenever she please
2) blame things on me that happend in the place that already had a police report on it
3) "needs to rhyme or reason" to put me on my ass when i am just gettin by there payin my rent and national grid.

why would legal aid tell me she legally cant give me an eviction notice on the day my rent is due and expect me out at the end of the month. if she was going to give me one it needed to be brought through court first and given at the end of april.

Level 2

Since: Feb 12

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#18 May 2, 2012
Goombah wrote:
<quoted text>Get the guy that knocked you up to pay for it, or another place to live.
uhm why dont you think before you speak. with both our income going to rent and national greed, how the fuxk am i supposed to pull almost $2000 out of our asses in 27 days? any ideas or are you mailing me a check goombah?

Level 2

Since: Apr 12

Location hidden

#19 May 2, 2012
BellaRagazza29 wrote:
no i just think its bullshi.t that she can:
1) walk into my apartment whenever she please
2) blame things on me that happend in the place that already had a police report on it
3) "needs to rhyme or reason" to put me on my ass when i am just gettin by there payin my rent and national grid.
why would legal aid tell me she legally cant give me an eviction notice on the day my rent is due and expect me out at the end of the month. if she was going to give me one it needed to be brought through court first and given at the end of april.
Look it is this simple prior happenings have no bearing on your notice currently, those are separate issues between you and your landlord,what exactly do you think a 30 day notice means? The first of the month is when they are given always,by you or the landlord,there are no exceptions to this.

Level 2

Since: Apr 12

Location hidden

#20 May 2, 2012
BellaRagazza29 wrote:
<quoted text>
uhm why dont you think before you speak. with both our income going to rent and national greed, how the fuxk am i supposed to pull almost $2000 out of our asses in 27 days? any ideas or are you mailing me a check goombah?
By the way welcome to utica.....

Level 2

Since: Feb 12

Location hidden

#21 May 2, 2012
by the way i dont live in utica buddy.
CEO

United States

#22 May 2, 2012
"advice is what we ask for when we already know the answer but wish we didn't."

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