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    Stickyfingers's Avatar
    Stickyfingers Posts: 1, Reputation: 1
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    #1

    Jul 23, 2008, 12:53 PM
    Eviction of a tenant w/o a lease
    My daughter has been living in an apartment in Astoria, New York for four years. There has never been a lease. She pays month-to-month.

    She received a certified letter today (July 23, 2008) from her landlord, on plain paper, asking her to vacate as the landlord wants the space for "personal use". Other than the "personal use" issue, the landlord didn't mention any other reason for the eviction. The landlord has given her until August 31st of this year, 2008, to vacate.

    Is the landlord in violation in any way? What recourse does my daughter have?

    Thank you.
    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
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    #2

    Jul 23, 2008, 02:13 PM
    Well, they're giving her notice, not evicting her. There is a difference.

    If she has no lease then she and the landlord would go by the NY laws for landlord/tenant matters. There's a "sticky" at the top of this forum with a link to each state's laws. The law should state how much notice they would need to give her. 30 days is probably the most common, although it varies from place to place.
    progunr's Avatar
    progunr Posts: 1,971, Reputation: 288
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    #3

    Jul 23, 2008, 02:15 PM
    There is no binding agreement between her and the landlord, he can ask her to leave when ever he wants to.

    I'd say a 60 day notice would be sufficient and most likely within the legal limits.

    Sometimes having a lease is an advantage, some times it is not.
    swisscheese's Avatar
    swisscheese Posts: 2, Reputation: 0
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    #4

    Jul 27, 2008, 04:02 PM
    What does the Florida Law say about occupancy of rentals, how many people per
    Unit/
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