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?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 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.
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