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I am in New York State, How long before I am considered a legal tenant renting from someone.
I have been renting from my LL for about 31 to 33 days now, but I do not have a lease, however I paid a security deposit and the lease was supposd to be executed with sept rent being paid at the same time, but LL changed his mind and wants house back for himself to move in as he had a fight with his wife who kicked him out and he now wants to move into the rental home.
I am moving but i want some time to do so, what are my legal grounds. he did not give me a receipt for my cash deposit, but i do have my cell phone and landline phone bills when we did start corresponding..
LL said he will say that i'm illegal on his property and have me arrested if i'm not out by Tuesday. he send the electric company to turn the lights off on 9/14, but i paid a deposit and had it put in my name so as to keep the lights from cutting off.. LL went beserk when he realized the electric was still on, he started

2007-09-16 07:17:04 · 2 answers · asked by Anonymous in Business & Finance Renting & Real Estate

LL started cursing and saying he will disconnect the electric himself or he will pull the meter of the wall, he even said his girlfriend came up to spend the weekend with him and now he can't even be in his own house, he was like a crazy person and he got me really scared, the kids starting crying .LL went into his car and pull out a shotgun ,that sacred me and the kids even more, but he just took the gun along with a handsaw into his barn, so i went into the house , at that point i wasn't sure what he was going to do, minutes after that he turned the water off and then knock on the door to tell me that he turn the water off and he needs us out right now.. I then called my husband at work, who left and came right home, we were about to call the police when the LL knocked on the door to speak to us again and we told him we are calling the police as he turned the water off and he's threatening us, he said no need for that and he turned the water back on.. he is harassing us ,I am leaving

2007-09-16 07:26:32 · update #1

he refused the sept rent, i am moving , but the place that i'm moving into, is not ready until oct 10th. i have a witness to saw me give him the deposit and she also was there when we made all the verbal agreements and stuff like that, on the initial move in , LL give the propane gas company the ok to put the gas in my name as well. I have the sept rent in the form of a money order already set for him , but he's refusing it.

2007-09-16 08:09:01 · update #2

2 answers

Did you pay him Sept rent? Did you get a receipt for that? You'd be in a much better position if you have a receipt for that cash deposit.

He can't just have the police come and arrest you. He will have to evict you. You will still owe rent for the time you live there and without a receipt or some other proof you paid the deposit, it won't count.

He will have to give you a 30 day notice to vacate. But it would be a good idea to move as quickly as you can.

Add:

If the landlord shows up again, call the police immediately. Toting guns around and turning off the water are illegal.

2007-09-16 07:31:02 · answer #1 · answered by bdancer222 7 · 1 0

Yikes, you are considered a month to month tenant and must be given a 30 day notice to vacate go and verify that here
LANDLORD TENANT ACT MANUALS:
http://www.consumer.state.ny.us/clahm/clahm-landlords.htm
Best of luck on resolving the issue

Additional Details:
"Self Help Evictions" are against the law in all states. Landlords must follow the law when evicting tenants. See the link above.

2007-09-16 14:26:44 · answer #2 · answered by newmexicorealestateforms 6 · 0 0

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