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Re: Landlord scenarios

Posted by Dayann on July 14, 2001 at 17:36:33:

In Reply to: Landlord scenarios posted by dL on July 10, 2001 at 10:38:53:

Under NYC law, if you are a month to month tenant the LL can ask you to leave by giving you a wrtten 30 day notice. But, he can't toss you out. If you are still in the apt. once the date on the 30 day notice to terminate your tenancy has expired, LL has to go to court and get a Petition/Notice of Petition. This tells you the LL wants his apt. back and it gives you a date to appear in court. When you get to court you can either settle with the LL, make some kind of agreement on when you can viably leave, or wait to see the judge. The judge hears both sides and decides how much time you should be given prior to the LL's issuance of an eviction notice, (this can be anywhere from 5 days to 6 months) and under what conditions you can stick around (i.e., if you have to still pay rent, if the LL has to still give heat, hot water, etc.)

IN NYC, if you are a month to month tenant, the LL cannot force you to pay a higher rent arbitrarily, but if the LL wants to raise the rent and you don't agree to pay it, the LL can end your tenancy via the method described above.

Since the NYC law says that the LL doesn't have to assert any cause to ask you to leave, he can kick you out to give the place to his ex, or because he wants more rent, or whatever. He doesn't even have to give you a reason.

Most people get an extra couple of months to look for a place to go from the judge because in NYC finding an affordable apt. is very difficult, and judges know you can't be expected to just hop out in 30 days. HOWEVER, there are some exceptions. If the building is in such disrepair that it is a health hazard, the judge can make you leave not so much for the LL but for safety reasons. If the LL asserts and proves that you're destroying his or her property or doing something illegal, like selling drugs or running a brothel, in the apt., then that's an extreme case and the judge might decide to give you an eviction order right away. I'm assuming this doesn't apply.

I'm not a lawyer and I don't know if NYC housing law is the same as Boston MA's housing law. Your best bet is to check the information JJ gave you. The information Provost gave you is a sensationalized version of NYC law that looks (and is) scary but isn't as harsh as he presents it to be.

Good luck.

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