Resident of Queens,NY...Tenant lived off the security deposit and is 2 months behind. There was never a written lease.
2006-12-11 15:53:15 · 7 answers · asked by SHORTY 1 in Business & Finance ➔ Renting & Real Estate
It seems like the landlord would be allowed. First, I'll go through the laws (generally) governing such agreements, and then I'll provide my opinion on how this relates to this particular situation.
A verbal month-to-month tenancy , exists not because there is a verbal agreement (the Statute of Frauds requires that all legally-enforceable contracts for real estate must be in writing), but instead by the way the agreement is implied by the monthly rent paid in exchange for occupancy (that's why it's legally called a "periodic tenancy created by implied agreement").
States have developed laws concerning implied contracts for real estate. I don't know about NY, but most states require that a rental agreement, if not in writing, must be implied by the manner in which rent is paid and occupancy is granted. They also set a minimum period of notice before an eviction may be had, usually 30 days notice, although it may vary depending on the state and the type of implied agreement.
How this applies to this particular situation: The contract was an implied contract, which was defined by the way in which rent money was paid in exchange for occupancy. Once the rent stopped being paid, that constituted a breach of contract, or at least the termination of the agreement. The security deposit is not really intended to take the place of rent payments, so I don't think that makes a difference. The landlord may be allowed to evict early (depending on NY laws) in the event of a breach of contract, but at the very least, since the implied agreement has been broken, the lender will certainly be allowed to evict if he or she provides 30 days notice of intent to evict.
It seems like the landlord is completely legally entitled to evict, either immediately or following 30 days notice. Local NY laws will determine the exact rules and procedures surrounding this situation.
2006-12-11 18:22:29 · answer #1 · answered by dc 2 · 0⤊ 0⤋
The best way to find an answer to this is to call a real estate lawyer in NY or even a real estate company that does property management. I am an agent in Florida, but the laws are different in every state. I would say No the landlord can not legally change the locks, but he also should not have waited for the tenant to fall behind by two months! As soon as the rent was late he should have given a three day notice and demand of amount owed and then if he still didn't get anything file for eviction and put that notice on the residence. Here, if someone is on a 'month-to-month' lease either party only has to give the other a 15 day notice to vacate or terminate the lease.
2006-12-12 01:01:49 · answer #2 · answered by stellakendra 1 · 0⤊ 0⤋
NO, a landlord cannot lock a tenant out regardless if there is a written lease or a verbal month to month.
the landlord will have to issue a 7 or 14 day notice to pay or leave, after which he can start legal proceedings to evict the tenant in small claims court.
Note, the landlord does not evict the tenant, local law enforcement with an order from the courts does the actual eviction.
2006-12-12 14:15:26 · answer #3 · answered by AJ 7 · 0⤊ 0⤋
Possession is 9/10's of the law, even a squatter has to be evicted. A landlord can not enter the premesis, except in a serious emergency, cannot put the tenent out, bar them from entry, shut off the utilities or harass the occupants in any way.
The only means of relief to regain possession is by following the legal steps for an Unlawful Detainer.action against the tenant and any other tenants whether their names are known or not. Start with a Three Day Notice to Pay or Quit followed by a Thirty Day Notice to Pay or Quit if that doesn't get them to move then you must file documents with the court and have them served on the tenents.
2006-12-12 00:10:41 · answer #4 · answered by Anonymous · 0⤊ 0⤋
you need the legal documents..
to evict..
then the tenants can not call the police
if you do anything without legal rights the tenant has the right to call the police and charge you..
it is easy to get the papers...
if you had a lease agreement..and it was in the lease agreement..
covering late payments..etc..you still need the eviction papers..
2006-12-12 02:51:16 · answer #5 · answered by m2 5 · 0⤊ 0⤋
You must evict them with a 30 day notice, or you could get in trouble if they peruse it in court.
2006-12-12 00:01:03 · answer #6 · answered by Anonymous · 0⤊ 0⤋
NO,for a house,NO for a apt.
2006-12-11 23:58:06 · answer #7 · answered by hotshoes 3 · 0⤊ 0⤋