I live in Queens, NY and want to know what my rights as a tenant are. We have lived in the apartment for over 24 years and do not have a lease, we pay month to month. We have never had any problems and have always been great tenants. We are being asked to leave so the landlords grandson can move in to the apartment. She mailed us a note giving us until November to move out. That is too short a notice in my opinion after having lived there for so long.
2007-08-06 04:31:26 · 11 answers · asked by VP007 1 in Business & Finance ➔ Renting & Real Estate
Sorry, but if the lease is month by month, the landlord can have you move out in any month. November is 2+ months away, but the landlord doesn't even have to be that generous with the time to leave.
2007-08-06 05:04:33 · answer #1 · answered by Anonymous · 1⤊ 1⤋
The landlord has every right to do this with their property. They are giving your fair notice within the letter of the law, there isn't anything you can do about it. Sorry :( Technically they only had to give you 30 days notice, so be thankful they were considerate enough to give you this much notice, many would not have done so. No lease and month to month gives you no further protection. Month to month means just that and they only have to give you 30 days.
Your family doesn't own the property, it's too bad because after renting for 24 years you have basically paid for someone else's mortgage and would almost have paid the property off by now had they purchased it with a 30 year mortgage. Proving proof positive that renting is throwing money down the drain.
2007-08-06 04:38:35 · answer #2 · answered by Wicked Good 6 · 2⤊ 1⤋
They are well within their rights. As a matter of fact they have done you a courtesy by giving you until November to find a new place to live. They could have given you one month. A month-to-month agreement is exactly that. Either party reserves the right to change that agreement with only a month's notice. If you wanted protection for your situation you needed to ask for a lease with terms clearly spelled out.
So, you'd be moving even if they just wanted you out for ANY reason, but NY landlords have extra rights when it comes to asking people to leave for family members. I want to say that to place a family member in an apartment, they can even break a lease with 30 days notice, but I am not too sure about that...
Sorry about your situation and good luck with the move and the new place!
2007-08-06 04:41:42 · answer #3 · answered by Rush is a band 7 · 1⤊ 2⤋
As far as your stinkin' landlord goes, what goes around comes around. I'd be willing to bet that the grandson won't stay there long and that he probably isn't going to pay Grumpy (Whoops! I meant Grampy LOL) any rent money! As sad as your situation is, you can't do a darn thing about it as you are on an oral month-to-month lease. You probably even raised a family there. You should seek legal counsel to see if the letter is proper notice...or call the court and they might tell you. In CT we have to have a Marshall serve a Notice To Quit. If he didn't comply with the law you get to stay until he does so. Is he the type that will sue you for back rent if you stop paying? You need to save money for moving expenses. I am not suggesting you not pay rent or everyone (especially every landlord) will have my head! I am a landlady so I know how important it is to get my rents and on time. Talk to him and tell him after 24 years could he give you a break on September's rent. I assume you paid August already. Finding housing is difficult. But think of it this way - you get to get a new home and fix it all up! It could be the best thing for you. Try to turn the anger and worries into excitement about a new place. Good luck to you!
2007-08-06 04:52:46 · answer #4 · answered by DPL06351 5 · 0⤊ 4⤋
Though I am not aware of the prevailing laws in real estate sector at NY, but in India, if a tenant, even without a proper lease, enjoys the accommodation for more than twenty years and pay regular rent, is either protected by Rent control Act or easementry rights.
As far as applicable easementry rights and cosumer protection act are concerned, you should take help of a legal consultant in regard.
2007-08-06 04:57:57 · answer #5 · answered by Anoop Asthana 1 · 0⤊ 2⤋
I guess the landlord on a month to month can do pretty much what he wants it is a same that they would treat you that way after so long maybe you should call and talk with them maybe you can work it out to stay till you find a place
2007-08-06 04:41:05 · answer #6 · answered by pugs5678 5 · 1⤊ 0⤋
Law and Equity go hand in hand but it has nothing to do in most cases with common sense as it relates to relationships.
Unfortunately all that is required is a 30 day notice but they gave you longer.
You might want to research here
LANDLORD TENANT ACT MANUALS:
http://www.consumer.state.ny.us/clahm/clahm-landlords.htm
To avoid a legal problem you should start looking for another place.
Best of luck to you
2007-08-06 04:44:23 · answer #7 · answered by newmexicorealestateforms 6 · 1⤊ 0⤋
The notice meets the requirement set out in NY law. Since the LL is going to place a family member in the property, you basically have no further right of occupancy. I agree that it sucks, but you're going to have to move.
For those who are not "in the know," New York confers significant rights to tenants that most other states do not. One of those is essentially an unlimited right of possession as long as the rent is paid on time. A LL in NY cannot put a tenant out except for fairly strictly limited reasons such as to sell the property, move in themselves, or place certain family members in the property. Since the LL's grandson is moving into the property, the current tenant loses their right of occupancy ASSUMING that this is not a rent-controlled property.
2007-08-06 04:36:22 · answer #8 · answered by Bostonian In MO 7 · 3⤊ 3⤋
even in the journey that your landlord ought to circulate in and evict you without perfect reason, I heavily doubt he/she might. which would be thoroughly immoral and unjust. besides, you're paying hire for the biggest room interior the development, and that's a considerable source of earnings to them. i honestly do not think of you have something to be concerned approximately.
2016-10-09 08:12:13 · answer #9 · answered by Anonymous · 0⤊ 0⤋
check with your local zoning board in NY city, for many areas of the city are under what is called rent control if your place is under rent control then the landlord can not just kick you out, need very specific reason, if your unit is not rent control might not be much you can do but start looking for a new place
2007-08-06 04:36:53 · answer #10 · answered by goz1111 7 · 1⤊ 2⤋