my lease -No end date, no $ amount

[rbennett]

My Brooklyn storefront lease of 3 years has no end date and no money amount. The LL wants me out my May 1 solely because he can make ALOT of money. He has threated to hire a marshall to evict me and my 10 month old baby and keep my stuff. Can he do that? How much time will I have? What are my rights? Who do I contact? BTW: My windows are all barred so I cannot escape if there is a fire.Thanks for any help.

rbennett_2000@yahoo.com

[jot0n0]

Correct me if I'm wrong, but from your posting it sounds like you are living in a commerical "storefront". If that's the case then not only is that illegal, but LL have the right to evict for breach of lease. Almost all commerical lease has a clause prohibiting anyone living on the premises. In addition, since this is a commerical lease, you are not protected under NY housing laws in this case. LL is within his right to have marshal evict you after serving notice, but does not have the right to keep your belongings. Since the lease is ambigious, this would be considered a contract dispute and fall under civil court.

[rbennett]

I have a residential lease. There are 5 other residential units in the building. My apt. has a full kitchen and bathroom and had been rented as an apartment many times before I was here.Thanks.

[Cranky Tenant]

The basic concept behind a lease is that it 's an agreement between the LL and the tenant stating how long you can live there and for how much rent. If the "lease" doesn't state either one of these terms, it may not be a legal document.

[ChrisG]

if you aren't out by may 1, the LL CANNOT simply shut you out, keep you stuff, etc. if he wants you out, he'll have to go through the whole eviction process, which can take months. it's not like he can stop off at the police station, grab a marshall and come over to kick you out.

since your lease doesn't specify length of tenancy or amount of rent, i'd say you default to a month-to-month situation, so then the LL does have the right to ask you to leave with at least 30 days' notice. i would start looking for new digs. at least you have over a month to do it, and even then you will not be locked out.