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Posted by DK on December 16, 1998 at 17:28:21:

In Reply to: eviction from new landlord posted by Tony on December 14, 1998 at 00:23:31:

: The new landlord bought this private house for investment purposes, with the intent of
: of keeping the tenants that are already living there from the old owner. However 2 weeks
: after the closing, he gave me three months to move out. The following week he came to collect
: rent, which I did not submit since I feel my rights are being violated. I have 11 months
: twin daughters; I been living in this apartment for ten years without a lease; It's a 3 family
: house plus an apartment in the basement which a tenant is currently residing in; I want to know
: what are my rights? Eventually, I know I have to move but not without a fight and possibly save
: some rent money in the process.

Is the apartment in New York City? Does the certificate of occupancy show that the apartment is legal? If the apartment is not legal, Multiple Dwelling Law § 302 says that the landlord cannot collect any rent for the illegal occupancy. A lawyer would be very helpful in establishing this defense for you.

If the apartment is legal, then you have a more serious problem. If you did not have a written lease, you are either a month-to-month tenant or a tenant for an indeterminate period. (NY law says that indefinite tenancies expire on October 1) Either way, the landlord can only evict you by going through the formal procedures required by New York law.

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Comments:
: : The new landlord bought this private house for investment purposes, with the intent of 
: : of keeping the tenants that are already living there from the old owner. However 2 weeks
: : after the closing, he gave me three months to move out. The following week he came to collect 
: : rent, which I did not submit since I feel my rights are being violated. I have 11 months 
: : twin daughters; I been living in this apartment for ten years without a lease; It's  a 3 family
: : house plus an apartment in the basement which a tenant is currently residing in; I want to know 
: : what are my rights? Eventually, I know I have to move but not without a fight and possibly save
: : some rent money in the process.  

: Is the apartment in New York City? Does the certificate of occupancy show that the apartment is legal? If the apartment is not legal, Multiple Dwelling Law § 302 says that the landlord cannot collect any rent for the illegal occupancy. A lawyer would be very helpful in establishing this defense for you.

: If the apartment is legal, then you have a more serious problem. If you did not have a written lease, you are either a month-to-month tenant or a tenant for an indeterminate period. (NY law says that indefinite tenancies expire on October 1) Either way, the landlord can only evict you by going through the formal procedures required by New York law.


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