I saw this post on Park Slope Parents from a woman who just got notice that she and her family are being evicted from their apartment. I wrote to the woman and asked if I could post her note here. "Please do, any help will be appreciated," came her quick reply. Does anyone have any ideas about what this family can do?
I’ve been living in Kennsington in the same apartment for 3 years,
the same apartment where my husband has been at for 7 years, and we
just received an eviction notice from our landlords.I need to find out what are our rights.
We live on the top floor of a 2-family home, our landlord lives
downstairs. We don’t have a lease, it has been a month to month
agreement, and we have never skipped on the rent. We have been
sharing satellite tv, internet, it has been a very good relationship
so far.Last week, we had to leave the landlord a letter because of the
inconsistency of heat in the apartment. I was very worried that my
6-month old son would get sick in what traditionally has been a
pretty cold environment in winter.I do not know if my landlords are being vindictive, but it came as a
surprise that 5 days after we told them we needed more heat, they
came to our apartment on Friday the 16th at night, and told us that
we have until January 15th to move out because they have some family
members moving in.Can anyone help us? It really hurts that they’re doing this right
before holidays season, and they know that we take a 2-week vacation
out of the country, which will make it hard for us to get a place.Thank you in advance for anyone who can assist me.
oh, dear. If you don’t mind another perspective here: In a 2-family situation like yours, most landlords are loathe to evict a good tenant like yourself unless they have a good reason, like a family member needing the space. If it’s part of his/her own house that the landlord’s renting out, bringing in a new tenant is a bit scary – you never know if this person will cause problems, fail to pay rent or be the litigious type. It sounds like both the OP and her family’s landlord have benefited from a friendly, informal arrangement that the landlord now needs to end. The fact that they gave you an extra month’s notice shouldn’t be used against them. As suggested elsewhere, I recommend you do *not* drag them to court, where you and the landlord will both waste money and energy, and where you will almost certainly lose anyway (unless the apt. is rent-stabilized), buying yourself a few months’ time but also severely damaging your chances of finding a decent new place, now that you have a record of going to court.
Better to have a civil conversation w/ the landlord where you explain your difficulties and ask for a bit more time, even a couple weeks. Meanwhile, get your landlord’s word that he will supply a glowing recommendation and start looking. Landlords dread having vacancies around the holidays because so few people are looking – moving with a baby is no fun, but the timing and your history as long-time, trustworthy renters will work to your advantage.
Just had to give this to a friend of mine. Basically, he’s got 30 days till eviction proceedings even start, then it takes maybe 3 months to get actually evicted. I’d go to court just for the extra time in the apartment, especially b/c of the baby.
Month to Month protections:
(HOUSINGNYC.com)
MONTH-TO-MONTH TENANTS
Tenants who do not have leases and pay rent on a monthly basis are called “month-to-month” tenants. In localities without rent regulations, tenants who stay past the end of a lease are treated as month-to-month tenants if the landlord accepts their rent. (Real Property Law § 232-c)
A month-to-month tenancy outside New York City may be terminated by either party by giving at least one month’s notice before the expiration of the term. For example, if the rent is due on the first of each month, the landlord must inform the tenant by September 30th before the October rent is due that he wants the tenant to move out by November 1st. The termination notice need not specify why the landlord seeks possession of the apartment. Such notice does not automatically allow the landlord to evict the tenant. A landlord may raise the rent of a month-to-month tenant with the consent of the tenant. If the tenant does not consent, however, the landlord can terminate the tenancy by giving appropriate notice. (Real Property Law § 232-b)
***In New York City, the landlord must serve the tenant with a written termination giving 30 days notice before the expiration of the term. The notice must state that the landlord elects to terminate the tenancy and that refusal to vacate will lead to eviction proceedings. (Real Property Law § 232-a)
http://www.housingnyc.com/html/resources/attygenguide.html#3
http://law.onecle.com/new-york/real-property/RPP0232-A_232-A.html
§ 232-a. Notice to terminate monthly tenancy or tenancy from month to month in the city of New York. No monthly tenant, or tenant from month to month, shall hereafter be removed from any lands or buildings in the city of New York on the grounds of holding over his term unless at least thirty days before the expiration of the term the landlord or his agent serve upon the tenant, in the same manner in which a notice of petition in summary proceedings is now allowed to be served by law, a notice in writing to the effect that the landlord elects to terminate the tenancy and that unless the tenant removes from such premises on the day on which his term expires the landlord will commence summary proceedings under the statute to remove such tenant therefrom.§ 232-c. Holding over by a tenant after expiration of a term longer than one month; effect of acceptance of rent. Where a tenant whose term is longer than one month holds over after the expiration of such term, such holding over shall not give to the landlord the option to hold the tenant for a new term solely by virtue of the tenant’s holding over. In the case of such a holding over by the tenant, the landlord may proceed, in any manner permitted by law, to remove the tenant, or, if the landlord shall accept rent for any period subsequent to the expiration of such term, then, unless an agreement either express or implied is made providing otherwise, the tenancy created by the acceptance of such rent shall be a tenancy from month to month commencing on the first day after the expiration of such term.
I would call Eviction Intervention Services
http://www.eisny.org
They are very helpful. It is my understanding that you have to be evicted through housing court. These people will know! Good luck.
Things get pretty bleak even for rent stabilized folks who’ve been in the Slope for over a decade, too – here’s my blog: http://homelesschronicle.blogspot.com/
A landlord can even evict a tenant from a rent stabilized apartment if it is to be used by a family member of the landlord. I think a 3 month notice is required.
If this is a non-stabilized situation, then she may be fortunate to have two months notice. Perhaps, this family will have to skip its 2 week vacation out of the country this year.
I think, unfortunately, if the apt is not under rent control/stabilization (which it is probably not being a 2 fam with landlord on premises), and you don’t have a lease, you are only entitled to 30 days notice. However, you should at least check with tenants rights sites like http://www.tenant.net
I sympathize, lucky you did not post this on brownstoner, where the cheery folk will rail on about how good tenants have it and how lucky you are/have been.