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Posted by William Rowen on December 02, 1999 at 01:05:35:

In Reply to: Re: no lease agreement, can the LL just kick me out?..YUP! posted by richard on November 29, 1999 at 09:22:08:

: YUP no lease 30 days..and bye bye!!!

: ______________________________________________________________

:
: : Hi,

: :
: : I would like to know what rights I have without a lease agreement. I live in Brooklyn and have been living in a apartment for about 2 years know, wihtout a lease agreement. Recently I found out that the LL wants to take back my apartment for own use. What rights do I have? I have been paying rent on time and I have not had any arguments with the LL. You might even say we are in good speaking terms. Well I hope that someone can help me out. Nothing really happened as of yet. But I just want to know my rights.

: : thanks

Yup is not right. You may be rent stabilized, and it so, you are protected by the Rent Stabilization Law, not a lease. If you moved into a building of six or more units, and paid less than $2000 a month at the start of your tenancy, it is likely you are stabilized and protected. Under stabilization, a landlord can claim "personal use" to evict a tenant if the landlord is a sole owner or co-owner (but not a corp or partnership) if he claims the intent to not renew your lease in the window period 150 to 120 days prior to the expiration of the tenant's current lease. That period never occurred becuase the landlord never gave you a lease. He has to give you a lease first! For more detail, call Met Council on Housing at 212-693-0550, Mon., Wed., or Fri., 1:30 to 5:00pm.

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: :    YUP  no lease 30 days..and bye bye!!!

: : ______________________________________________________________

: : 
: : : Hi,

: : : 
: : : I would like to know what rights I have without a lease agreement. I live in Brooklyn and have been living in a apartment for about 2 years know, wihtout a lease agreement. Recently I found out that the LL wants to take back my apartment for own use. What rights do I have? I have been paying rent on time and I have not had any arguments with the LL. You might even say we are in good speaking terms. Well I hope that someone can help me out. Nothing really happened as of yet. But I just want to know my rights.

: : : thanks

: Yup is not right. You may be rent stabilized, and it so, you are protected by the Rent Stabilization Law, not a lease. If you moved into a building of six or more units, and paid less than $2000 a month at the start of your tenancy, it is likely you are stabilized and protected. Under stabilization, a landlord can claim "personal use" to evict a tenant if the landlord is a sole owner or co-owner (but not a corp or partnership) if he claims the intent to not renew your lease in the window period 150 to 120 days prior to the expiration of the tenant's current lease. That period never occurred becuase the landlord never gave you a lease. He has to give you a lease first! For more detail, call Met Council on Housing at 212-693-0550, Mon., Wed., or Fri., 1:30 to 5:00pm.


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