Rest In Peace

Shouldn't I receive a 30 day notice to vacate?

I have lived in a home owned by a friend since October of 2005. In late November of 2006, yhe friend passed away. My husband and I paid December rent to his mother and sister, a few days after the funeral. We were as they unsure of what to happen with any of his properties. They took our phone number and said they would be in touch. Since then no one has come to collect rent. On Monday the 23 of april I came out of my door to find a three day notice dated April 17 to quit or pay an amount that was never my rent and late fees. This notice had no contact information for the owner only the name and number to a law office with a lawyer I have been unable to get in contact with. The notice says I am in breech of my rental aggrement. I have no agreement, since I was renting from a friend everything has been verbal. The friend bought a larger home and wanted someone to live in the smaller one. He offered to sell to us when we were ready.

Public Comments

1. No 30 day notice is required for failure to pay rent. In NYS a 3 day notice is sufficient. The next step will be when you are served with an eviction petition advising you of your court date. You will need to go to court to plead your case. You should be prepared to answer why you never paid any rent from November 2006 when the owner passed away. Have you saved the money all these months? Good luck
2. Don't worry about this. As a landlord, I give 3 day notices all the time.... All this notice means is that if you don't have the rent paid in 3 days they will file an eviction. Now the good news for you, and my recommendation.... Go to the courthouse NOW and tell the clerk of courts you want to start an escrow account and WHY you are doing this being you have not been given payment instructions, and you are served w/ a 3 day notice. Now the landlord CAN NOT evict you. If it goes to court, you simply explain to the judge why you didn't pay the rent, what you have done to rectify it, and they will be found at fault with no eviction warrented. Good luck, if you need more details shoot me an email.