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rachver · May 8, 2011, 10:31 PM

Hello,

I live in New York City and moved into a renter's apartment on April 30th. I paid her for the month and she cashed the check. We agreed I would stay with her until July 1st.

Now, after I have paid moving costs and paid her rent (my check to her even states "May Rent"), she has decided today - on May 8th - that she wants me to move.

When do I have to move by, legally? Does she have to give me 30 days? If not, what do I do about the rent that I paid her?

Thank you.

joypulv · May 8, 2011, 11:06 PM

You are a roommate and not on the lease, and she is not the owner? And you have no written contract?
Then her landlord has to evict you, or she has to have a reason to call the police, such as drugs. But do you really want to stay in this situation, where you are not wanted so soon after moving in? If you don't get along, that is one thing. If you did something worse like bringing some stranger home with you or drinking all night with the TV blaring or eating all her food or breaking her furnishings, then just find a new place by the end of May and be done with an uncomfortable situation.

ScottGem · May 9, 2011, 03:53 AM

First, Joy is partially incorrect here. The leaseholder is YOUR landlord. Whether a written lease exists or not, you are leasing space from her. Without a written lease with a specific term, you are considered a month to month tenant. Therefore, one months notice is required. And that means a calendar month, not 30 days. So she can't require that you leave until the end of June, at least that's my interpretation. At the very least she has to give you 30 days written notice.

AK lawyer · May 9, 2011, 05:00 AM

Originally Posted by ScottGem

... And that means a calendar month, not 30 days. ...

Interesting. I have never seen a statute that says "30 days doesn't actually mean 30 days". Is this NY-specific?

joypulv · May 9, 2011, 06:03 AM

I've seen state statutes that mention calendar days, but I can't find them in the vast NY statutes, and NYC has their own that are even more vast.
I was wrong; of course the roommate can evict. Landlords can sometimes evict more easily because they can find cause, such as not being notified that you moved in. All I can find is this from the NY AG's Tenant Guide: 'If you are the tenant of record and your roommate is not, and you would like your roommate to leave, and your roommate has been in the apartment for more than 30 days, and your roommate refuses to leave voluntarily, then, unfortunately, you have only one recourse -- a formal eviction proceeding.'

But it doesn't say what can be done if you are there less than 30 days. The implication is something more immediate, that may be somewhere in the civil code.

There are times when doing all this research for someone makes sense, but I just don't see any reason to dig in and stay.

ScottGem · May 9, 2011, 09:26 AM

Originally Posted by AK lawyer

Interesting. I have never seen a statute that says "30 days doesn't actually mean 30 days". Is this NY-specific?

Because what I was able to find for NY specified one month, not 30 days. Which I interpreted as a calendar month.

rachver · May 9, 2011, 10:01 AM

Thanks guys. I really appreciate your responses.

I spoke to Legal Aid. ScottGem is correct. Once she cashed my rent check, I was granted immediate tenant rights... lease or no lease. Since I am a tenant, I am not required to move before June 30th.

For the record, nothing happened. She agreed to let me and my cats move in for two months until June 30th and then changed her mind once we were here. I would just move out ASAP. Yet, I am unemployed and moved here to save money, whereas I could have stayed in my previous apartment until July 1st. Not only did I exhaust the free labor of friends but I also paid money to move from Harlem to Brooklyn. I am not up for seeking another apartment until June 30th.

Thanks again.

AK lawyer · May 9, 2011, 11:14 AM

Originally Posted by ScottGem

Because what I was able to find for NY specified one month, not 30 days. Which I interpreted as a calendar month.

That of course would be a reasonable interpretation of "one month": 31 days unless the period begins in February, April, June September, or November.

I see 30 days, as well as a 3-day pay or quit notice, mentioned in section 711 of Article 7, RPA (Real Property Actions and Proceedings), Laws of New York. I can't locate the usual 1-month notice provision.