I Live In New York State With No Lease. My Landlord Gave Me Written Notice On The 25th To Leave By The 29th And It Will Be $500.00 A Day. Is This Legal?


3 Answers

Anonymous Profile
Anonymous answered
Since there is no lease, you are susceptible to such practices. However, charging $500 a day is ridiculous. How does he plan to recover the money if you do not pay it ? You have a couple of options, talk to him and negotiate a 30-day or 15-day eviction plan. If you have paid the rent for the month, he cannot evict you or charge you extra money until the end of the month, since his acceptance of your monthly rent is proof that he rented the place to you until the end of the month.

If you can afford it, contact some lawyer and straighten this out.

Finally, do not ever rent a place without a contract. While a contract seems binding and reduces your flexibility, if also provides you both protection from such monopolization.

Good Luck!

R D Profile
R D answered
Even without a lease he cannot give you a 4-day notice to vacate.  A month-to-month tenancy (no lease) requires a 30-day notice to terminate and if it is an eviction (non-pay, etc.) then he can ONLY evict through a court.  You would be served by the local sheriff, constable, etc. And have a court date to appear at which the judge would determine a date for you to vacate.  IF the landlord illegally forced you out, locked you out or removed your possessions prior to a court eviction, you could recover three times in damages in legal action against him.  For more information on this, go to www.oag.state.ny.us/realestate/guide_intro.html  Good luck!
Anonymous Profile
Anonymous answered
No. He has to serve you with a 3 day notice to quit the property. If you don't, he has to file a summary proceeding in court and serve you with a notice to appear in court.

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