Legal Question in Real Estate Law in New York

after 4 months I rented and apartment in a 3 story house. The landlord is stating that we are using to much water that he heard we flush the toilet 6 time in one day and if he new my mother was friends with the next store neighbor he will not rent the apartment to me and for us to start looking for a new place for this reason.


Asked on 8/30/15, 7:59 am

1 Answer from Attorneys
Bunji Fromartz Fromartz Law Offices

Do you have a lease? if so he can only ask you to leave when it expires.

If your rental has no lease or is month to month and out side of NYC he needs only serve you a 30 day notice (ending on the end of the following month (i,e. if the notice is served June 20, you have to vacate by July 30) and then can go to court if you do not leave. as long as you pay rent the court will give you extra time to find an apartment. This also applies if you are in NYC and in a building of Five families or less.

If in NYC in a more than five family building you could be rent stabilized and subject to protection from eviction by virtue of the law.

There are smaller new buildings that are also subject to this law if they receive tax abatements. You should check with an attorney or NYS HCR to see if you are covered.

New York State Homes & Community Renewal (HCR) http://www.nyshcr.org/AboutUs/ContactUs.htm 1-866-ASK-DHCR FREE(1-866-275-3427)

NYC Rent control board. http://www.nycrgb.org/html/resources/faq/rentcontrol.html

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Answered on 8/31/15, 11:09 am


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