NOTICE TO QUIT-- What to do?

[jnba]

any comments on this ?
http://www.tenant.net/.WWW/ubbgraphics/ultimatebb.php?ubb=get_topic;f=1;t=000503

[jnba]

well is non regulated but doesnt he at least have to give me 60 to 90 days notice insted of a 2 week notice? and also ive been living here for the past 25+ years.

jnba

[jnba]

I had a years lease which is up 03/31.

jnba

[consigliere]

In New York State, a landlord (or a tenant) is not required to give any notice when a lease for a fixed term is ending.

Giving 30-days' notice or one month's notice applies only to month-to-month tenancies.

.

[jnba]

Well the only reason I see is that my girlfriend is here with my on a temporary basis and she would look after my place while im out on Buisness trips, he claims i dont live here cause he doenst see me which is a dumb reason or should i call him in a daily basis to tell him where i am? NOT!

The real reason is that he want the APT. to renovate and jack up the rent to 4k and hes looking for any excuse to kick me out, but 04/03 i should be out as per the notice and i already have a tenant lawyer working on this the only thing im unsure is if he can continue harrasing me(Telling the security gaurd to come up to my aprtmet to see if im here), taking notes on my time of arrival or leaving home.

jnba

[Chimera]

I think your reasoning as to why the landlord wants you out is flawed. If this is a non-regulated apartment, the landlord can raise your rent to whatever he wants, whether he renovates or not, as soon as your current lease expires (the 60 to 90 day notice you mentioned only applies to regulated apartments.) And if he wants you out all he has to do is not renew your lease! My guess is that there have been problems between you two in the past, and he is anticipating you causing trouble when he doesn't renew your lease (you already have a lawyer on the case... a non-lease renewal case???) so as meagain stated, he could be just starting his paperwork early with the notice to quit.

Your landlord is probably claiming that you don't live there in case this goes to court and you claim that you have no place to live and that you need more time in order to find another apartment. Question for you, Jnba: Have you been paying your rent through this ordeal? Sounds to me like you are leaving some important info out of your story, but it's hard to figure out what it is.

Finally, having the security guard take notes of your arrival and departure is not harassment, unless the security guard is heckling you as you go by or entering your apartment for no reason.

[bklynangel]

what borough are you in? how many apartments are in your building? if over 5 you're usually regulated, unless you pay over $2000 a month. not sure about deregulated but if you've been there for over 25 years, and you can prove it, you may have better rights to stay, not sure though. if regulated/stabilized, definitely can stay- nearly impossible for landlord not to renew. He may go for a buy-out and you could get a nice downpayment on a house/condo.

[jnba]

Yes the plot thickens........

As per the holdover im not sure if it will apply to me given the case that i pursue this and could take about a year to get to court, I think that I would pay a lump sum in rent.

Chimera: all rent has been payed on time up to the upcoming month which I have not payed

1) becasue instead of the rent envelope he left the Notice to quit note.

2)My lawyer told me to hold off until we organized a few papers and received a reply on what he had sent to them.

problems between LL and I, have been beacuase I think he asks to many personal/private questions on which some occasion I had told him about that, also to my belief he is a real prick and believe me Iam not the only one who thinks he is.

bklynAngel : Manhattan,100, as per my lawyer he says its Non regulated, if i can get a buyout that would be ok.

To top it all off tonight I received a 30 day notice stating that I broke the lease agreement and this is not my primary residence and permited other ppl here w/o lanlords consent etc.. etc..
(which i had given him a letter as per his request that I would be traveling on biz trips and my GF would be in and out) I deliverd this letter personnaly(my mistake), If I had known better a certified letter would've backed me up.

Lets se what this new day brings.
Thanks for all your input and keep it coming!

[consigliere]

Jnba and his lawyer should know whether the apartment is rent stabilized.
 
If it isn't, non-primary residence is not an issue.
 
Under the roommate law, having one roommate is permitted whether the apartment is rent regulated or not.
 
If the apartment is rent stabilized, and if the landlord contends that the apartment is not your primary residence, the landlord has to give a notice of non-renewal (Golub notice) 150 days to 90 days before your lease expires.