Legal Question in Landlord & Tenant Law in New York

Re: what are my rights as a tenant as far as eviction?

There are many rights you may have to prevent the landlord's attempts to evict you. Firstly from your description it seems that you received a notice to vacate rather than an eviction notice. Only the court can issue an eviction notice and it must be a warrant that is signed by a judge. You may have additional rights if the basement apartment you describe is not a legal rental unit. 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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Re: what are my rights as a tenant as far as eviction?

Go to your local housing court, find out if the niece's action is really on the calendar (my guess is it isn't) if it is make sure you appear on that date, you have valid defenses and in addition file an order to show cause with respect to the condtion of the apartment.

By the way if the lease is not the landlord of the apartment, she may not have a right to collect rent.

Additionally by collecting the money, she has no right to evict you absent some other violation of the lease.

Finally, it may just not be worth it considering all the headaches perhaps for your safety and sanity you should consider finding another place to live, whatever your rights with respect to your current apartment.

If you have to pay more rent as a result of her breach of the lease, you may be able to sue your landlord (or his representative) for their breach of the lease for any difference you may have to pay in rent.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.