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Posted by John on July 06, 2000 at 14:27:29:

In Reply to: No lease in NYC posted by Michele Negron on July 06, 2000 at 01:12:12:

In my experience and what the law says is two different things... Yes, you are protected under the same rules and regulations as the rest of us, but without a lease the landlord can end your tenancy if it becomes too much of a bother for him with only a 30 day notice. As a person without a lease, you are considered by law a month to month tenant (meaning temporary, you can leave any time and he can end your tenancy at anytime). By not having a lease, it puts you in a very bad position, because any action you take in housing court to correct violations within the building may cause things to happen and will result in an eviction notice. Ergo, why fight it and get evicted?

You can claim retalitory eviction if the landlord fails to make reasonable repairs within a given time, but without a court date to document and have them ordered repaired by a housing court judge, the fight is moot.

Try asking for a lease and see what happens...

Good luck.

: I live in a 4-family house in Queens, New York. We do not have a written lease with the landlord. I would like to know if a tenant without a lease is protected under the same laws as a tenant with a lease. For example, the landlord has not made repairs and no longer sends an exterminator. (Landlord lives elsewhere.) If we are not protected under the same laws, where can I find this information? Any assistance would be greatly appreciated. Thank you.

: Michele

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Comments:
: In my experience and what the law says is two different things... Yes, you are protected under the same rules and regulations as the rest of us, but without a lease the landlord can end your tenancy if it becomes too much of a bother for him with only a 30 day notice. As a person without a lease, you are considered by law a month to month tenant (meaning temporary, you can leave any time and he can end your tenancy at anytime). By not having a lease, it puts you in a very bad position, because any action you take in housing court to correct violations within the building may cause things to happen and will result in an eviction notice. Ergo, why fight it and get evicted? 

: You can claim retalitory eviction if the landlord fails to make reasonable repairs within a given time, but without a court date to document and have them ordered repaired by a housing court judge, the fight is moot. 

: Try asking for a lease and see what happens... 

: Good luck. 


: : I live in a 4-family house in Queens, New York. We do not have a written lease with the landlord. I would like to know if a tenant without a lease is protected under the same laws as a tenant with a lease. For example, the landlord has not made repairs and no longer sends an exterminator. (Landlord lives elsewhere.) If we are not protected under the same laws, where can I find this information? Any assistance would be greatly appreciated. Thank you.

: : Michele


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