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Landlord wants me out in a month and a half.

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Landlord wants me out in a month and a half.

Postby shoeman » Sun Jan 08, 2012 11:16 am

Landlord wants me out in a month and a half. She is my mother and we are having a family feud. Live in a 3 family house and haven't had formal lease for 20 years. Paid rent by check, never writing "rent" on check. She recently raised my rent 40%. Had her write a letter stating she could not raise rent again for one year. Letter states: "...for a one year tenancy commencing on Dec. 1, 2011, ending on Nov. 30, 2012 at a monthly rental of..."
Again, this is just a letter signed by all parties, not a formal lease. Can she get me out in that short time period? We are a family of four and in process of buying home. Hopefully it can be done in time but if not I am worried. Any advice would be appreciated. Thanks.
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Postby TenantNet » Sun Jan 08, 2012 12:49 pm

While the 'amount of rent' part of the agreement might hold up in litigation, unless it specifies the term of the agreement (i.e., one year or whatever), much like a lease would do, then I would say you are a month-to-month tenant.

And for that see the M2M tenant notice requirements in the forum's reference section.

In NYC that means 30 days written notice. If delivered today, that means March 1. And of course if you stay after March 1, her remedy is to commence a court proceeding, not switch the locks, which would be illegal (and a potential criminal action). If there's been no written notice, don't tell here it's necessary.
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Postby shoeman » Sun Jan 08, 2012 10:11 pm

Thanks. Did you mean..."don't tell her its necessary"?
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