Posted by Lilly on October 21, 2001 at 01:03:04:
In Reply to: no signed lease in rent stabilized building with unwanted guests (lengthy) posted by matthew on October 20, 2001 at 14:19:42:
Thank god you paid by check!
1: If you are in fact rent stabilized, then you essentially have a lease, whether the LL realizes it or not; she has been accepting your rent as a tenant of her building. Otherwise an agreement for the lease of real property for a term of less than 1 year need not be in writing in order to be valid, but you are beyond that. A lease for a term of 1 year or more is invalid unless there is some writing, ie a lease or other note stating that you are leasing for a term of more than a year. The real issue is whether you're rent stabilized.
2: it depends upon whether your apartment is rent stabilized. If not, then you're just a month to month tenant. But you have protection.
Go to DHCR and bring all your cancelled rent checks-you did noteon each check what the payment was for- apartment x at xxx address? Bring copies of bills you get at that address-phone cable, con-ed, whatever proves you live there.
3: maybe-prove she was part of the scam-did you have to pay a fee?
4: go to DHCR and get the registration history for your apartment-bring all your cancelled rent checks, and bills in your name at that address(phone, con-ed cable) then you will find out if yo are rent stabilized.
5: I don't know-depends upon HOW the apartment is registered-what the room count is on the registration. A 1 bedroom is typically 3 rooms: living room, kitchen, bedroom-sounds like you're lving in a "studio" or what would be considered a 2 room apt(bathroom doesn't count as a room)
6: depends upon if its rent stabilized and what the room count is on the registration history, also what the C of O is on the bldg/that apt.
7: dept of buildings, DHPD, DHCR
8: could be-depends upon what you find out at DHCR. If it's not rent stabilized then you don't have the built in protections that those regs afford. In a rent stabilized apt, even if you don't have a lease, you still have the protections afforded under rent stabilization. Like the right to a signed lease and the right to renew that lease. Whatever you find out at DHCR, get signed, dated and stamped copies-bring to lawyer. If rent stabilzed, file copy of "Owners Failure to Furnish Tenant with a Signed Copy of Lease"
9: she can't just kick you out. Or lock you out. Or throw your stuff out on the street. Or cut off your electicity, or heat, or change the locks or anything else that prevents you from being in that apartment. For a good time look on the front page here at Tenant.net and scroll down towards the bottom and read about "Illegal Eviction and Police Procedure". She has to serve you with eviction papers first, and then 4 more things have to happen for it to be legal:
#1 a judge signs a warrant of eviction, #2 she brings that warrant to a city marshall #3 the marshall sends you a 3 day notice of eviction and then #4 3 days later the marshall shows up at your door.
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