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I have rented an apartment in a six unit building in New York City for a little over two years. I somehow took possession of the apartment without ever signing a physical lease agreement. I have made a check out to the landlord's legal name every month.
I am now leaving the apartment so I notified my landlord via email. The landlord responded cordially to my announcement but stated in a somewhat accusatory fashion that I am acting in violation of the terms of our "tenancy agreement" by not providing a full 30 days notice for the move-out (I am moving out hastily because the landlord has neglected a serious water leakage problem in various parts of the building and I'm afraid of mold). The 30 day rule was only mentioned on one occasion in an email from the landlord approximately 18 months into my tenancy. Is this "agreement" real in any way? I never actually agreed to the 30 day rule so my layman's sense tells me that she basically spoke this stipulation into the air.
I also plan to withhold my last month's rent and use the security deposit for it, as the landlord has been unscrupulous in the past. This was also stated to be prohibited in that same email 18 months into the tenancy.
In summary, do my landlord's wishes, as verbalized in an email and not agreed to by me, constitute a legally binding "tenancy agreement" or something like it in the absence of a lease agreement? Also, is there some common-law standard that would justify the landlord in requiring 30 days notice for move-out and prohibiting my use of the deposit as rent, again, in the absence of any actual paper agreement?
bla blah yadda yadda etc about the lease document itself...
and regardless of the specific lease language he operates his business with the other 5 tenants using...
you are still BOTH bound to the same basic LL/Tenant laws that exist in NYC.
long story short... the payment cycle establishes the notice requirement
if the payment cycle was 67 days instead of 30... then you're obliged to offer 67 days notice. follow?
I have rented an apartment in a six unit building in New York City for a little over two years. I somehow took possession of the apartment without ever signing a physical lease agreement. I have made a check out to the landlord's legal name every month.
I am now leaving the apartment so I notified my landlord via email. The landlord responded cordially to my announcement but stated in a somewhat accusatory fashion that I am acting in violation of the terms of our "tenancy agreement" by not providing a full 30 days notice for the move-out (I am moving out hastily because the landlord has neglected a serious water leakage problem in various parts of the building and I'm afraid of mold). The 30 day rule was only mentioned on one occasion in an email from the landlord approximately 18 months into my tenancy. Is this "agreement" real in any way? I never actually agreed to the 30 day rule so my layman's sense tells me that she basically spoke this stipulation into the air.
I also plan to withhold my last month's rent and use the security deposit for it, as the landlord has been unscrupulous in the past. This was also stated to be prohibited in that same email 18 months into the tenancy.
In summary, do my landlord's wishes, as verbalized in an email and not agreed to by me, constitute a legally binding "tenancy agreement" or something like it in the absence of a lease agreement? Also, is there some common-law standard that would justify the landlord in requiring 30 days notice for move-out and prohibiting my use of the deposit as rent, again, in the absence of any actual paper agreement?
In NYC absent an agreement to the contrary notice is 30 days. So thats how much notice you need to give. If you are claiming constructive eviction, thats different but you need to prove that by calling the health department, code people etc etc.
You are both bound by the NY laws governing landlord-tenant issues, so neither of you can unilaterally make up rules. In most places the required notice absent a lease stating otherwise is 30 days. In most places you must follow a certain procedure regarding habitability issues -- sending written request for the LL to fix the issue via certified mail. Did you do that?
Bottom line - look up the statues, and follow them. You very well may not be allowed to use your security deposit for last month's rent, and if you decided to try that, be aware that the LL could certainly sue you for any damages to the apt.
Yeah, not having a lease doesn't mean there are no rules. Most states have written laws or at least guidelines governing landlord/tenant transactions.
Most places say 30 days notice is required if not specified in the lease. Most places also say that deposit cannot be used unilaterally by the tenant in lieu of rent.
However, most places also have habitability rules. Have you looked them up and done whatever they say to do?
HOWEVER, New York City has very different rules from most other places, so I am going to end with an emphatic "check your local laws and do what they say".
Let's look at this from the other side for the sake of argument (or your education as it were). What if the LL decided you were undesirable and gave you say, 7 days verbal "notice" that he wanted you to move out. You'd be hollering to the rooftops that you have been "a tenant here paying rent for 18 months, don't I have any rights?" In general, legal tenancy has been established in your case because you have occupied the property for 30 days. A LL must go by the law to evict someone regardless of whether there is a written lease, or if rent is being paid.
As far as the leak goes, are repairs underway? If not have you demanded them in writing? Another generality that I will indulge in, is that one must give some demand and opportunity for a wrong to be righted before heading to court.
Why did you live there so long without a lease? Because it suited your needs at the time? You can't have it both ways. If you think you're a tenant so does he. If a deposit cannot be used as last month's rent, it can't be used as last month's rent regardless of someone's reasons for vacating.
I would try to contact the LL in writing asking that repairs be done. Research what's necessary if safety and/or habitability is in question. Then, if you still want to move give proper noticeand pay last month's rent. Be sure the LL has a good address for you. Know the law pertaining to return of deposits and hold them to it
And BE SURE to have a move out inspection with the LL and have them sign off on the moveout condition. Ask if there are going to be any deductions for damage or cleaning, and expect to receive a detailed statement with invoices to prove work was done.
The best place for information is usually the court where evictions are filed; they will have all the information and documents you need.
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