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I'm looking for some advise or or information on what rights I may have in my current rent stabilized apartment. I have been subletting a rent stabilized apartment on the upper west side for a year an a half. The current lease is up the end of the month and the person I was subletting from has passed away. My cable bill, mailing address and drivers license all show my current address. The landlord wants to take back the apartment and has threatened eviction if I do not vacate by the end of the month. The current lease is not in my name although it has been my home and I would like to stay if at all possible at or near the rent stabilized allowable increase.
Obviously, the land lord wants me out so they can renovate and raise the rent. What rights to I have, if any, to stay in the apartment or alternatively, what can I do to hang onto it by way of squatting or fighting eviction in court?
I'm looking for some advise or or information on what rights I may have in my current rent stabilized apartment. I have been subletting a rent stabilized apartment on the upper west side for a year an a half. The current lease is up the end of the month and the person I was subletting from has passed away. My cable bill, mailing address and drivers license all show my current address. The landlord wants to take back the apartment and has threatened eviction if I do not vacate by the end of the month. The current lease is not in my name although it has been my home and I would like to stay if at all possible at or near the rent stabilized allowable increase.
Obviously, the land lord wants me out so they can renovate and raise the rent. What rights to I have, if any, to stay in the apartment or alternatively, what can I do to hang onto it by way of squatting or fighting eviction in court?
Many thanks,
Xo
You don't have any rights and the landlord will eventually get an eviction if that's what he wants. If you get a lawyer you might be able to drag it out for 6 months but you will lose in the end.
You don't have any rights and the landlord will eventually get an eviction if that's what he wants. If you get a lawyer you might be able to drag it out for 6 months but you will lose in the end.
that's exactly right. An eviction as well as the court case will also stay on your credit report. Good luck finding another landlord to rent to you. I would try to negotiate another 30 days in addition to the 30 days notice landlord already gave you. Beyond that, you're out of luck.
You want to squat and fight the eviction? You should consider yourself lucky you were able to stay there that long. You have no rights under the terms of a rent stabilized lease that entitle you to "take it over". Lease says something like immediate family members. Read it! Don't you people ever read contracts and leases that you sign or that others "claim" allow you to be there? It involves your life and credit report. Don't take their word; read it yourself. Speak to an attorney he'll tell you the same. Try to get addition 30 days on top of initial 30 day notice to vacate, which is the default notice for landlord tenant law in NYC. It doesn't sound like you had a good relationship with the landlord at all. Maybe if you did, who knows... but when you say scheit like "squatting...fighting a lawful eviction" because you don't feel like moving out of Manhattan, you lost points with me.
Last edited by bmwguydc; 01-07-2015 at 07:26 AM..
Reason: Personal attack removed
You have a right to stay there until the day the eviction becomes final and the marshalls come and drag you and your stuff out of there. After that, good luck finding any other apartment to rent in NYC with an eviction on your record.
You don't have any rights and the landlord will eventually get an eviction if that's what he wants. If you get a lawyer you might be able to drag it out for 6 months but you will lose in the end.
Not necessarily true, although I do not know any very recent cases and/or their outcomes. Proving you live there is the biggest thing.
Again, no idea what the recent litigation history might be. You should research this yourself. There have been cases in Harlem that got press, not so long ago ...
You have no right to remain. Your landlord was already likely in breach of rent stabilization laws by subleasing to you (as a rent stabilized apartment must be the tenant's primary residence). You certainly do not have any inheritance rights unless you are related to your deceased landlord. As others have said, you can drag it out in court, but you will eventually lose and be evicted.
I'm looking for some advise or or information on what rights I may have in my current rent stabilized apartment. I have been subletting a rent stabilized apartment on the upper west side for a year an a half. The current lease is up the end of the month and the person I was subletting from has passed away. My cable bill, mailing address and drivers license all show my current address. The landlord wants to take back the apartment and has threatened eviction if I do not vacate by the end of the month. The current lease is not in my name although it has been my home and I would like to stay if at all possible at or near the rent stabilized allowable increase.
Obviously, the land lord wants me out so they can renovate and raise the rent. What rights to I have, if any, to stay in the apartment or alternatively, what can I do to hang onto it by way of squatting or fighting eviction in court?
Many thanks,
Xo
How have you been paying the rent?
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