what are my rights as a tenant that does not live in an rent stabilized apartment?

Question

If I do not live in a rent stabilized apartment what are my rights as a tenant if I am going to court for eviction?
Note: My rent is up to date. I am getting evicted from what the landlord says is he wants to use my apartment for family and now he is saying its rent . (I think he forgot I keep copies of rent reciepts ) I have filed complaints against him for sexual harassment as well as no heat and hot water and then some but from what I am reading on the net the only tenants that has rights are in rent stabalized apartments. Yes I am going to consult a lawyer but time is ticking and I am unable to acertain one right now.

Answer 1

This sounds like New York City. Only New York City has rent stabilization.

Withdrawing the apartment from the market for family use allows a landlord of a rent-stabilized or -controlled apartment to refuse to offer the tenant a renewal lease. It does not enable the landlord to cancel a lease until it expires, unless there has been a breach of the lease.

If you have been served with a petition and notice of petition in a summary proceeding, it will either say it's a non-payment proceeding or a holdover. If it's a non-payment proceeding, get to the courthouse and file an answer to the petition. Otherwise, the case will not be scheduled for a hearing, but an eviction warrant will be issue for your default. After you answer, you'll be notified of a court date. If there are condition issues in the apartment, ask for "inspecation" when the case is called.

If there are no condition issues, get your rent receipts/cancelled checks together and answer "ready" when the case is called. Object to anything offered other than the lease, multiple dwelling registration statement, deed, and testimony as to non-payment. Offer your cancelled checks and receipts. When the judge dismisses the case, ask for a hearing on the attorneys' fees, which I believe you get even if you defend yourself.

If it is a holdover proceeding brought before your lease expires, file an answer with a copy of the lease and, again, answer "ready" when the case is called. In your answer, plead that you filed a sexual harassment case, and this is a retaliatory eviction. If you succeed in showing it's a retaliatory eviction, the landlord is required to give you a two-year extension of your lease, after which he is free to non-renew and evict you. There is a legal presumption that an eviction commenced after you file a complaint against the landlord is retaliatory.

Answer 2

Tenant rights vary from state to state. Otherwise, your only option right now is to show up for the eviction hearing. If his reason(s) for eviction aren't legal in your state, then you won't be evicted.

Answer 3

Well, if you are in Georgia you might as well move. You don't have any rights.

Answer 4

YOUR RIGHTS DEPEND ON YOUR RENTAL CONTRACT
YOUR RIGHTS DEPEND ON THE LAWS OF YOUR TOWN
~~~~~~~~ YOU NEED LEGAL ADVICE, THIS IS NOT THE PLACE TO GET HELP!!!!!!!