Legal Question in Real Estate Law in New York
landlord tenant rules
my 2 roomates and i received a letter (dated May5th) from our landlord to move out by May 31st because we did not pay our full rent yet. We do not have a lease. I have lived there for over 5 years and never gave a problem, paid my portion of the rent (via checks) on time all the time. My roomates usually pay between the 1st and 5th of every month. Does the landlord have a case in evicting us? Are we better off having or not having a lease at this point?
2 Answers from Attorneys
Re: landlord tenant rules
Since you do not have a lease you are a "month to month" tenant and can be required to vacate the premises by a 30 day notice, however, since the notice you received was dated May 5 and demanded that you vacate by May 31, it falls short of the requirement of a full 30 day notice, and is therefore invalid. The Landlord can, of course, issue another notice giving you the full 30 days, and can then begin eviction proceedings against youi, if you do not vacate.
Re: landlord tenant rules
You are responsible for the entire rent, not just your share, as are all of the rommmates, unless the landlord has separate agreements with each of you that you each can pay a part. It appears there is no agreement with the individual tenants so each is responsible for the whole rent.
Since there is no written lease, you are a month-to month tenant, which entitles the landlord to terminate the lease on 30 days' notice. Plus, since there is rent owing, the landlord can terminate all tenancies for failure to pay the rent in full.
The only benefit of a written lease is that it could cover the situation of individual responsibilities, but I do not believe a landlord will allow this, as if only one person paid a portion, all might be able to stay there.
Walter