What are my legal rights if my landlord recently passed away and I’ve been given notice to be out be the end of next month?

UPDATED: Jun 18, 2015

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What are my legal rights if my landlord recently passed away and I’ve been given notice to be out be the end of next month?

It took her kids less than 2 weeks to sell the house. They called us 2 days ago and said that we have until the end of next to move out (about 6 weeks). I’ve been living in my apartment for 27 years.

Asked on June 18, 2015 under Real Estate Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Do you have a written lease for a definite term (e.g. for a year)? If so, you cannot be made to leave until the end of the lease term, though at that point, the owners (the children or anyone they sell to) can refuse to renew your lease and require you to leave. However, until the lease expires, you can't be evicted. That's because they inherited subject to the lease (or anyone buys the property subject to the lease).

If you are a month to month tenant, whether under an oral (verbal) or written lease, however, you can be given 30 days (or more, if the new owner chooses; e.g. 6 weeks) notice that your tenancy is over and you have to leave. With month to month tenancies, either party (landlord or tenant) can terminate on 30 days (or more) notice.

It is irrelevant, unfortunately, how long you have been livign there.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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