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Eviciton

Rights for non-regulated tenants

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Eviciton

Postby gummafan2003 » Mon Feb 17, 2003 2:56 am

Just got into a huge fight with the LL today due to no heat and no hot water. It was below zero outside the the room has been freezing for days. He threaten to evict us at the end of out conversation. Unfortunately we have no lease with him and we are forced to pay him by cash. My question is: Can he apply for eviction and evict us just like that without even give us 30day notice? Are we responsible for the eviction application fee if the LL wins?

In additons, the LL is holding an extra one month rent for security deposit. Suppose we are given 30 day notice to leave the house by the end of this month, could I apply that Security Deposit for next month's rent? Since there is no lease between us, I suppose the LL is not entitled to hold the security deposit?? I am pretty sure he is not going to return the deposit so I don't want him to withold the money from me.

Please help!!
gummafan
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Posts: 2
Joined: Mon Feb 17, 2003 2:01 am
Location: Brooklyn

Re: Eviciton

Postby consigliere » Mon Feb 17, 2003 12:22 pm

Assuming you pay your rent on a calendar-month basis, the earliest your landlord could terminate your month-to-month tenancy is effective March 31st.
 
In New York City, he has to have a written notice served by a third party or a process server, in the same way a notice of petition and petition are served in housing court.
 
You should call HPD's complaint line, 1-212-824-4328, and complain about the lack of heat and hot water. You could also commence an HP proceeding in housing court.
 
And you could withhold your rent for the lack of heat and hot water (and any other complaints).
 
If the landlord terminates your tenancy and brings a holdover proceeding, you could plead retaliatory eviction, based on calling HPD and the HP proceeding. The case might be dismissed, and the landlord might have to wait six months to bring another holdover proceeding.
 
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Re: Eviciton

Postby gummafan2003 » Mon Feb 17, 2003 12:47 pm

Thank you. I have already called the hotline and report no heat and no hot water. I pay my rent on time but do you know if the LL has the right to withhold money for security deposit even when we have no lease? I mean I am more then happy to leave this place, the LL is a nut case-he checks our mails, questions our guest and on one account he told my mom since he didn't see us receveing mail from the cable company he assumed we were using illegal cable and would like to take the cable upstairs for his own use or he would report us. But in fact we have directed all our mail to my mail box and we are paying online.

Anyway, I want to leave this place but I don't want him to do this so easily with extra money (SSD) in his pocket by the time we leave. No tenant should be harrassed by their LL like this!!
gummafan
gummafan2003
 
Posts: 2
Joined: Mon Feb 17, 2003 2:01 am
Location: Brooklyn


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