QUESTION

What should I do if my landlord wants me to leave the apartment?

Asked on Aug 03rd, 2018 on Landlord and Tenant Law - New York
More details to this question:
Landlord decided approx. 6 months ago to sell his property. I owe him 3 1/2 months of rent at $890.00 per month. I don't have money for him at this time when he is insisting that I pay him the back rent. A new apt. would cost me approx. $1,500.00 per month. Should I pay him at least one month on my next pay day of August 9? I have lived there with my wife for 31 years. My wife is out of the country for 6 weeks and has not worked in 2-plus years.
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1 ANSWER

Civil Rights Law Attorney serving Rockville Centre, NY
1 Award
If your landlord wants to evict you he needs to go through the correct procedure by properly serving you with the notice required under your lease or under the law if there is no lease, which is a 30-day notice. If you don't pay your rent, in addition to evicting you, your landlord can get a money judgment against you for the back rent so yes, you should pay your rent until you find a new place.  However, since you have been living there for 30 years and assumedly have paid your rent all this time, perhaps you can negotiate an arrangment with the landlord to waive the back rent and allow you time to leave. If the landlord is trying to sell the property, if you refuse to leave you can create serious problems for the landlord, who may even be willing to not only waive your back rent but pay you a few thousand dollars (which you will need to put down as security in order to rent a new apartment) to avoid the delay you could create, potentially costing your landlord not only a potential buyer for the house, but the legal fees required to hire a lawyer to evict you.  However, the bottom line is that if the landlord wants to, he will ultimately evict you and get a money judgment against you for any money you owe. Negotiate carefully: start with pleas for sympathy and use threats of obstruction only as a last resort.  Good luck. 
Answered on Aug 06th, 2018 at 9:32 AM

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