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What can I do?

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What can I do?

Postby steve123 » Fri Jun 25, 2010 8:20 pm

My roommate is moving out. Landlord said that since I cannot afford to pay the rent of a full house by myself, I must be gone by midnight June 30. I was told this today (June 25). I am not on a written lease and have been paying my rent. I am not a nuisance and do not do anything that would violate any NYS laws.

Do I have any legal rights I can bring up and/or what can I do so I can stay in the current place, if I can? I can stagger the rent payments (half one paycheck, half the other), but he does not want to go into that plan.
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Postby TenantNet » Fri Jun 25, 2010 8:31 pm

Yes you have rights.

Assuming you've been in occupancy more than 30 days, without a lease (and not being rent regulated), you would likely be a month-to-month tenant. The LL must give you 30 days written notice. See the applicable thread in the Forum's reference section.

Yes you have to pay rent and without a roommate, that might be difficult, but if you can't pay rent, then the LL can take you to court. He can't give you a few days notice and can't lock you out. If he serves you with a written notice before July 1st, then you would have to be out by August 1st.
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Postby steve123 » Fri Jun 25, 2010 8:37 pm

I am on my third year here, and I am not sure if the rent is regulated or not. It has been consistent every month so I am assuming it is regulated.

About the one-month serve thing mentioned above. If the LL does give me 30-days, is this 30 days and bye bye no matter what, or 30 days if I don't pay the rent bye bye? I would have the full rent within 30 days over 2 paychecks.

Gonna check out the month-to-month section after I post this.
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Postby TenantNet » Fri Jun 25, 2010 8:45 pm

Do not make assumptions about being regulated just because it's been consistent. It depends in which municipality you reside and other factors.

But it does appear that you are month-to-month.

Look at the reference section on the notice requirements.
http://tenant.net/phpBB2/viewtopic.php?t=5024
He can elect to end the tenancy for any reason, or for no reason.

If you stay beyond the date of termination, then he has to take you to court to regain possession.
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