Full question:
My landlord gave me 5 days to move because she said my son violated the lease by smoking in the building, entering the maintenance room, and smelled of marijuana. The tenants in the local building complained to the office and all of these things took place last month. I was first notified on November 23 about the incident and I addressed them with my son. The office notified me by mail on December 4 about the incident that we spoke about in November. I contacted the office on Monday and Tuesday to talk about the letter and she advised me that another incident happened on Friday, December 7, 2007 about 5:00 p.m., but my son wasn't in the building at that time. My son was locked out and I had someone to meet him to let him in after 7:00 p.m. The office is relying on the tenants words without any investigation. The office advised that items were turned over to the police, but no one contacted me or my son about the incidents. I would think if marijuana was found in the building that the police would have contacted us for questioning. The office advised me that the tenants have been renting for 20 years and she believes them over me. I never had any problems with my son bringing illegal objects into my house. Does the landlord have the rights to have me vacate the premises in just five days? What about my deposit and prorating my rent for December? Do I have at less 30 days to vacate premises before an eviction process proceedings?
- Category: Landlord Tenant
- Subcategory: Lease Violation
- Date:
- State: New York
Answer:
In New York, landlords generally must provide tenants with a notice period before eviction. If your landlord is trying to evict you based on alleged lease violations, such as smoking or unauthorized access to areas, they typically need to follow proper legal procedures.
According to New York law, a landlord may initiate eviction proceedings for lease violations, but they usually must give tenants a reasonable amount of time to correct the issues or vacate the premises. The specific notice period can vary based on the type of lease violation. In many cases, a 30-day notice is standard unless there are severe violations.
Regarding your security deposit, landlords are generally required to return it unless there are damages or unpaid rent. You may also be entitled to a prorated refund for December rent if you leave before the end of the month.
It’s advisable to consult with a legal professional to understand your rights and options in this situation, especially if you believe the eviction is unjust or based on unproven claims.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.