Legal Question in Landlord & Tenant Law in New York
Landlord wants us to leave b/c he dosent want to make repairs
We live in a two family apartment with an illegal basement apartment. We have been here for 2 1/2 years, with the agreement to stay until 2010. We do not have a written lease, just a verbal. In July we had an oil delivery and the oil tank leaked all over the place. we called the land lord, and he didnt respond, so we had to call the fire dept. They came with the building inspector, took notice of the illegal apartment, and the commercial business that the landlord runs from our back yard. There is all sorts of dangerous tools and chemicals in the area where we throw out the trash. We got a 30 day notice to quit, and after asking why, we were told, it would be easier to throw us out, than to make all the needed changes to the building. We have had problems in the past, at one point his neglect caused me to fall in the bath tub while 7 months pregnant. We were current in rent, we have july and august in the bank, at the suggestion of the Fire Marshall, after seeing the mess with our oil tank and the 100 other violations. We do not want to move twice, we want to stay here until 2010 as planned. Has he technicaly evicted us since he only gave us a 30 day notice? I don't think we should have to move b/c he doesnt want to make repairs.
1 Answer from Attorneys
Re: Landlord wants us to leave b/c he dosent want to make repairs
If the apartment is illegal, evicting you can be quite difficult especially if you have an attorney familiar with these matters representing your interest in court. We have handled many cases such as yours and our fees are very reasonable. This area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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