RENTING ROOM In BROWNSTONE-- RIGHTS?
I have been renting a room for 3 years in a brownstone. I signed a lease for first year, but a new one was never given to me, even though rent never went up. Owners have sold brownstone. Now new owners are renting out to different tenants and I’m supposed to move out. Do I…
I have been renting a room for 3 years in a brownstone. I signed a lease for first year, but a new one was never given to me, even though rent never went up. Owners have sold brownstone. Now new owners are renting out to different tenants and I’m supposed to move out. Do I have to leave? What are my rights?
You have the righ to process. Which means that although in the end a housing court judge may find that the new owners were correct in giving you 30 days notice, that doesn’t mean you have to move out then. You can wait for an eviction process. If you overstay the 30 days, the landlord will have to begin a case (hold-over proceeding) in housing court, properly serve you, etc. The you will have a right to appear, and pehaps request an adjournment for various reasons (getting alawyer, gathering evidence, etc). In the end the court and the parties may craft a settlement or there may be a hearing at which teh court orders an eviction. The landlord will then half to serve you with an eviction notice and if you don’t leave, hire a city marshall to evict you. Obviously that would buy you a lot more time then the 30 days. It would also result in you nver being able tor ent an apartment again, as many landlords now use a a computerized database to see which potential tenants have been in hosuing court (even if they won their case or otherwise were justified). So it might make sense for you, armed with this knowledge, to work out an agreement with the landlord (more time, money, etc). Good luck.
don’t listen to any of these loser landlords,
call a renters advocacy group and find a good lawyer
Generally for month-to-month tenants without a llease, it’s 30 days to the end of the next calendar month.
For example if you got notice (in writing I believe) on April 13th, you have until May 31, not May 13th to vacate. You can’t be asked to leave midmonth.
However, if you got notice April 31, then you have ’til May 31. Good luck,
This happened to a good friend. First response is correct: if you never signed a new lease, you are considered a month to month renter and all they need to do is give you 30 days notice. Some exceptions are given to the elderly – but for the most part – it was your responsibility to obtain a new lease for your protection. If you can prove that you kept requesting one and the landlord wouldn’t comply, you may also have grounds…but the documentation required to prove that is pretty substantial.
I believe they have to give you ninety days notice What does your originallease state about an extension, your month to month situation. Everything must be in sritting. Landlord tenant court has free legal advice in the mornings. Not being a rent stabilized tenant, if your original lease didn’t
mention your extended stay, you have no rights. If
you are disabled or a senior you can ask the court’s hhelp. I wish you much luck. Maybe the new owners
will allow you to stay if there is an increase.
Moving costs.rental broker fees, it all adds up.
If they will allow you to stay for a small increase it would be best. I know how hard it is to find affordable housing, I wish you much luck,
most of the people visiting this site are owners/landlords, and do not have your best interests in mind
the best thing you can do is call 311, and keep searching the web for nyc renters rights, there are people that can give you real advice.
You are a month-to-month tenant. The landlord has to give you 30 days notice before evicting you. If you are over 65 you may have additional rights.
See:
http://www.oag.state.ny.us/realestate/guide_intro.html
The landlord also has to stop accepting your rent checks, so if they cashed your last rent check, they need to give you 30 days past the end of the current month.