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Re: Eviction After Denial of Lease Renewal

Posted by Perry on July 12, 1999 at 07:31:38:

In Reply to: Eviction After Denial of Lease Renewal posted by Ruth David on July 11, 1999 at 00:17:29:

I strongly urge you not to do ANY of the things you are contemplating. It sounds like you have a VERY REASONABLE landlord, and you should not screw this landlord over. He has charged you a reasonable rent for five years, and he is giving you until Christmas to get out. What more do you want from him?

As a renter in a house, you have very few protections as a tenant. Once your lease expires, your landlord can ask you to move on 30 days' notice. If you withhold the security deposit in the last month, and then try to stay on as a month-to-month tenant against his wishes, that alone will give him grounds to evict you. Hiring a lawyer will do you little good; the most the lawyer could do would be to use delaying tactics, and you would end up paying far more money to the lawyer than you would in a new apartment.

So what should you do? Simple! MOVE BY CHRISTMAS.

By the way, you cannot blame your landlord for your not getting that other apartment. If you have been living there fairly cheap all those years, you cannot blame him if you didn't save up a little money. He has no obligation to give you the security deposit before you move.

One further comment: A lot of tenants seem to think that the landlord is the enemy, even if the landlord is a good guy. Tenants like that, who fight their landlords even when they are wrong (which is what you'd be doing), have given tenants a bad name. Please do the right thing and move in the generous time he has given you. (By the way, I am not a landlord and have never owned property.)

: My landlord has told us verbally and through a mailed letter (along with a certified letter that we have not claimed) that he will not be renewing our lease which will expire July 31. My family (which consists of my husband, two small children, and I) has been living in a one-family house in Queens, NY where we have use of the backyard and driveway for five years. He has verbally told us that he will not rush our vacancy and will give us ample time to find a home but that our departure should take place before Christmas time. How much longer do I really have to leave since I wish to prolong as much as possible our departure from this house since the rent is fairly cheap? Please give me an idea of how I can use tenants' rights and housing court to my advantage to delay our departure from this house. Also, how will our position change if we were to withhold the rent when we eventually engage in protracted legal proceedings in housing court? When he originally told us that he would not renew our lease in mid-June, I had the luck of finding a house to rent but was unable to move because our landlord delayed returning our security which I told him was essental for paying the security deposit at the newly found house. Because of this incident, we were thinking of using our security to pay for the month of July and then giving him our monthly rent every first of the subsequent months until we leave in order to insure that he doesn't withhold our security deposit which is essential to our being able to provide the security deposit for a new home. How will this scenario effect any eviction proceedings or judgments in Housing Court. Please advise ASAP. What legal tactics can I expect from my landlord in order to evict us? Please refer to me any tenant friendly attorneys that have experience in NYC Housing Court that will take on this possible case either pro bono or inexpensively.

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