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Posted by John on July 06, 2000 at 21:49:15:

In Reply to: Is a tenant without a lease protected by the same laws as a tenant with a lease? posted by Michele Negron on July 06, 2000 at 14:10:32:

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...

: I live in a 4-family house in Queens, NY. We are not rent controlled or stabilized and do not have a written lease. I need to know if a tenant without a lease is protected by the same laws and rights as a tenant with a lease. The landlord is not paying the utilities on the house, making repairs and has discontinued the exterminator. We want to make sure we have as much accurate information as possible so that the landlord won't be able to "get over" on us anymore. Thank you in advance for any help you can give me.

: 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... 


: 
: : I live in a 4-family house in Queens, NY. We are not rent controlled or stabilized and do not have a written lease. I need to know if a tenant without a lease is protected by the same laws and rights as a tenant with a lease. The landlord is not paying the utilities on the house, making repairs and has discontinued the exterminator. We want to make sure we have as much accurate information as possible so that the landlord won't be able to "get over" on us anymore. Thank you in advance for any help you can give me.

: : Michele


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