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Posted by DK on March 11, 1999 at 10:19:57:

In Reply to: eviction tenant rights posted by Tiffany on March 11, 1999 at 01:36:12:

Are you rent stablized? It makes a big difference. Generally, if there are less than six apartments you are not subject to stabilization.

If your apartment is not subject to stabilization and there is no written lease, you probably have a month-to-month tenancy. The law requires that you be formally served with written notice of termination of the month-to-month tenancy at least 30 days before the termination date. If you do not move out by the termination date, the landlord must sue you in Housing Court in order to obtain a warrant of eviction. The landlord cannot lock you out.

If the apartment is subject to rent stabilization, the landlord may only serve a termination notice for one of the reasons specified in the Rent Stabilization Code, which you can find on the tenant.net website. Look at section 2524, particularly section 2524.3.

: I am living in Queens and today (3/10/99) was notified on the phone by my landlord that he needs my apartment as his primary dwelling by 5/1/99. I have no lease, but have lived here for 6 years and began paying a rent increase 2 months ago. I would like to know the following. Any insight would be helpful. 1) what are my rights? 2) I was told by a friend he may be responsible for paying my moving bills. Is this true? 3) Am I entitled to anything else? 4) Is there a legal way to extend my moving date-I am a student currently in the middle of midterm exams and no time to house hunt without risking my grades. I'm looking for an extra month or two 5)I installed an extensive alarm system-how do I recoop my financial investment? 6) Is there anything else I need to know??? Thank you in advance for any input.

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• Re: eviction tenant rights satori 3/12/99 (0)

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Comments:
: Are you rent stablized? It makes a big difference. Generally, if there are less than six apartments you are not subject to stabilization.

: If your apartment is not subject to stabilization and there is no written lease, you probably have a month-to-month tenancy. The law requires that you be formally served with written notice of termination of the month-to-month tenancy at least 30 days before the termination date. If you do not move out by the termination date, the landlord must sue you in Housing Court in order to obtain a warrant of eviction. The landlord cannot lock you out.

: If the apartment is subject to rent stabilization, the landlord may only serve a termination notice for one of the reasons specified in the Rent Stabilization Code, which you can find on the tenant.net website. Look at section 2524, particularly section 2524.3.

: : I am living in Queens and today (3/10/99) was notified on the phone by my landlord that he needs my apartment as his primary dwelling by 5/1/99.  I have no lease, but have lived here for 6 years and began paying a rent increase 2 months ago.  I would like to know the following.  Any insight would be helpful.  1) what are my rights? 2) I was told by a friend he may be responsible for paying my moving bills. Is this true? 3) Am I entitled to anything else? 4) Is there a legal way to extend my moving date-I am a student currently in the middle of midterm exams and no time to house hunt without risking my grades. I'm looking for an extra month or two 5)I installed an extensive alarm system-how do I recoop my financial investment? 6) Is there anything else I need to know???  Thank you in advance for any input.  


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