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I have been in my current apartment for 3 years now. For two years I had a lease and for the last year I was living on a month-to-month agreement. Now during the 2nd year of my lease my landlord has asked me to move into another apartment because he wanted my apartment for use that he would not disclose.
I checked out the other apartment, but I ultimately did not like it because it was smaller, needed repairs, 5th floor of a walk up, and the rent was no cheaper (Even though originally he said it would be). Once I declined he told me I had to get out once the lease was up. Once it was coming down to the end of my lease my landlord then went back on what he said and told me I could stay in the apartment after my lease was up because he was "in no rush." I asked him if he wanted me to sign another lease, but he said we would do month-to-month and he would give me a written agreement stating this. He never did.
Now 6 months later (March 2014) he comes to me again telling me he "needs" my apartment. During this he offers me the same apartment I declined last year again and I decline again. Also during this conversation he tells me that I could stay in my current apartment, but he would have to raise my rent 4%. I told him that that would be fine and I accept, but then he tells me "I won't let you do that though." I tell him I need a written notice with my move out date if he definitely wants me out of the apartment/building. He said he would give this to me and he never did again. Also during the year of month-to-month I had to make my own repairs because he ignored my voice mails and the "super" in the building would also ignore my calls and pretend to not be home when I would knock on the door (On one occasion that I knocked on the door I could hear him walking around and even come to the door, but he did not answer). Unsure of where we stand I have continued to pay my rent on time and he has continued to cash the checks for a year now. He has not once denied my payments or anything along those lines. I have seen him many times over the last few months and he has never asked me when I am moving out, just a hey or hi and keeps moving.
Basically I am looking to get some help regarding the situation. I have done my research on the topic, but I am trying to see if there is anything else that I should know about when he comes to me with this topic again because it will most likely occur again. None of this has been given to me in written form it has all been verbal from my landlord. Does he have to give me 30, 60, 90 days notice? Any help would be appreciated. Thanks!
You should ask a Moderator to move this thread to the Real Estate forum, you will have much better luck getting answers there from those who are very knowledgeable about this issue.
You should ask a Moderator to move this thread to the Real Estate forum, you will have much better luck getting answers there from those who are very knowledgeable about this issue.
it should go in RENTING not real estate.
Also in the renting forum you will find your state landlord/tenant laws which has a part of moving out/eviction and see the procedure.
Since this is posted in the NYC forum, I'm going to assume the apartment is in NYC, and that it is NOT a stabilized unit (is this correct)? If it does not fall under rent stabilization and you are a month-to-month tenant, the landlord needs to give you 30 days notice. You can Google 'month-to-month lease tenants rights NYC' or something along those lines and get the info you need. Here is one site. New York Notice Requirements to Terminate a Month-to-Month Tenancy | Nolo.com
"If your lease ends and your landlord continues to accept your rent, you have entered into a month-to-month tenancy arrangement. As a month-to-month tenant, every month that your landlord collects rent from you, he/she is accepting you as a tenant in that apartment for another month. However, your landlord may end the tenancy by giving you 30 days written notice. (The 30 days must cover a full month. If the notice is served in the middle of a month, it becomes effective at the end of the next full month.) As a tenant you can also end a month-to-month tenancy by telling your landlord in writing that you intend to move out in 30 days. You must continue paying rent for the remainder of time that you live in the apartment. Your notice can cover any 30 day period."
Instability is one of the risks that comes with renting vs. Owning. You can continue living on egg shells knowing at any moment, you could be asked to leave within thirty days. I'd get out in front of the situation - you have some time to find other housing. I'd say it's much better to lock in something secure while you have flexible time to do so. You don't want that day to come when the landlord drops the 30 day notice on you, and then you're scrambling.
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