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Old 05-26-2009, 09:57 AM
4,502 posts, read 11,456,002 times
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Yard? What yard? We are talking about New York City, correct? Dude, you're on another planet.
If you couldn't figure out what I posted, I was using "an example" in an attempt to get you to understand the simplicity of the situation and how you're mistaken when you say a LL can't change anything on a month to month tenancy. Why do you think month to month tenancy's exist? It's easy protection for both the LL and the tenant.

Oh, and by the way, have you ever been in Queens, Staten Island, Brooklyn, or The Bronx? There are plenty of 2, 3, 4 family homes that have yards. There are even homes in Manhattan that have yards. Where are you from that you don't know this?????
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Old 05-26-2009, 10:16 AM
Location: NY,NY
2,899 posts, read 8,113,316 times
Reputation: 2019
Originally Posted by omigawd View Post
A LL can change the terms of a month to month tenancy at any time. There is NO agreement other than the tenant is entitled to the apartment month-to-month at the LLs will. If the LL decides to implement late fees, she can notify the tenant ahead of time, in writing. If the tenant doesn't agree, then the LL can give her a 30 day notice to vacate the premises. Very simple. And a tenant can't wallk into court saying "I have a lease" when none exists. The first thing the judge would ask for is the lease. Is the tenant going to forge the LLs signature?

Mod cut: no comments on moderator actions.
I provided facts and backup.

You choose to repeat yourself.

If you can, please address the facts---that is the information contained in the link provided.

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Old 05-26-2009, 10:52 AM
Location: NY,NY
2,899 posts, read 8,113,316 times
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Originally Posted by anders View Post
My bottom-line wrapup:

-- The OP should see lawyer, and not do "self-help."
-- What are the OP's options?
If the OP does nothing, the OP has this unwritten-lease tenant forever, or at tenant's whim.
If the OP does _something_ (via a lawyer), the tenant probably won't be out in 30 days ... either because tenant will claim to have an oral one-year lease that hasn't yet wrapped and gone month-to-month (though both LL and tenant presumably have proof of when tenancy began), or due to terms-quibbling, smoke-blowing, and normative court delays.
But "doing something" will at least solve the problem, however non-immediately ... and that's the whole _object_.

[Also, an aside to jcoltrane -- who said: "Yard? What yard? We are talking about New York City, correct?": The boroughs are part of NYC, they contain many houses with yards, and their owners _do_ sometimes give yard-use permission to rental tenants.]
Obviously, I was teasing, as the "yard" example is NOT atypical of a landlord tenant dispute in NYC. Yes, there are some rentals with yards within the confines of the 5 boroughs, but such is not typical and makes up less than 10% of the rental stock.

Why lead with that example, obviously because he's not thinking purely in terms of NYC. At least that's the way I read it.

Anyway, back to the OP, yes those are the basic options. She needs to consult an attorney mainly to determine her options, but most specifically to lay the reality that the eviction proceeding may take a few to several months and all that while she will have to carry the mortgage and pay the attorney without the rent supplement.

Presuming she's a simple individual with a 2 or 3 family home the stakes can be high given that meeting the mortgage might be a financial burden. She may need to plan accordingly, borrow money, cash in the 401K, whatever to carry her through. An experienced L&T attorney can aid her in working the system to her advantage. There are other 'techniques' say.

Luck to her!
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Old 05-26-2009, 11:53 AM
4,502 posts, read 11,456,002 times
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Originally Posted by jcoltrane View Post
I provided facts and backup.

You provided nothing in terms of the OPs situation. Instead, you went off on a tangent about NYC rent controlled/rent stabilized laws, lease laws, etc... Nothing to do with the OP at all.

If you didn't get it:

The OP does not have a lease with the tenant.

The OP is not renting out a rent controlled or rent stabilized apartment.

The OP is renting to the tenant on a month to month basis.

The OP has the upper hand in that she can give the tenant 30 days' notice that she wants her to vacate the apartment --- no cause or reason necessary to do so --- but, if she wants to take a jab at the tenant, she can easily say "due to your habitual failure to pay your rent on time each month, I am hereby serving you with notice that you are to vacate the premise as of ________"


Now, since you say you provide "facts and backup", please show me (in the law, with a link to your source) where it says a LL who has a tenant on a month-to-month tenancy cannot charge a late fee if proper notice of such a fee --- and by notice I mean: in May, I send the tenant a letter stating that "as of July 1st, if rent is not paid on time, a late fee of $____ will be imposed. If rent is not paid by the 15th of the month, eviction proceedings will begin"

Please provide facts and backup of that because your other "facts and backup" simply had to do with leases, rent control/rent stabilization --- there was one paragraph on month to month tenancy, but that only said a LL can give 30 days' notice, etc, etc
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