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need options in face of threats

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need options in face of threats

Postby SheldonF » Wed May 29, 2002 6:39 pm

I moved in with a so-so friend. I'm renting a room from him. It's in a co-op. He and his wife are the leaseholders. His wife (who is divorcing him & lives elsewhere)is trying to take possession from him. I've lived there since April 1, when I paid first and last. I also paid May rent. On May 24 we made an agreement that I would give him a money order for June rent. Two days later, he told me that for "personal reasons" he wants me out by July 1, and threatens to remove my possessions/change the locks/call the police if I'm not out by then. I told him I can't afford to move and his threats are illegal. He tells me I have no rights because he is the "owner" and I am a "guest," NOT a tenant. I will probably leave when I am able rather than seek to stay indefinitely, but I need to buy time, and I need to know my rights with certainty. Who knows what options I might have? -thanks :)
Posts: 4
Joined: Wed May 29, 2002 1:01 am
Location: 687 W 204th St, #1-E, NY NY 10034

Re: need options in face of threats

Postby Brooklyn Babe » Wed May 29, 2002 11:18 pm

You are a month to month tenant.


Tenants who do not have leases and pay rent on a monthly basis are called "month-to-month" tenants. In localities without rent regulations, tenants who stay past the end of a lease are treated as month-to-month tenants if the landlord accepts their rent. (Real Property Law ß 232-c)

A month-to-month tenancy outside New York City may be terminated by either party by giving at least one month's notice before the expiration of the term. For example, if the rent is due on the first of each month, the landlord must inform the tenant by September 30th before the October rent is due that he wants the tenant to move out by November 1st. The termination notice need not specify why the landlord seeks possession of the apartment. Such notice does not automatically allow the landlord to evict the tenant. A landlord may raise the rent of a month-to-month tenant with the consent of the tenant. If the tenant does not consent, however, the landlord can terminate the tenancy by giving appropriate notice. (Real Property Law ß 232-b)

In New York City, the landlord must serve the tenant with a written termination giving 30 days notice before the expiration of the term. The notice must state that the landlord elects to terminate the tenancy and that refusal to vacate will lead to eviction proceedings. (Real Property Law ß 232-a)
The above information is from a non-attorney tenant activist and is not considered or to be used as legal advice.
Brooklyn Babe
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Joined: Sat Apr 13, 2002 1:01 am

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