Legal Question in Real Estate Law in New York
Rent Increase and no Lease
I live in a four family house for the past 15 years and our landlord wants to raise the rent and says we can be evicted if we don't pay. we have had no lease in the past 10 year stating rent increases, is that legal? Is it legal to evict or padlock a front door if the rent is paid on time?
1 Answer from Attorneys
Re: Rent Increase and no Lease
Where there is no lease, you are a "month to Month" tenant, and, outside the City of New York, if the Landlord wishes to terminate the tenancy he must serve a 30 day notice upon you to either pay the rent due, or face eviction. Once the notice is properly served the Landlord must file a petition to evict you with the Court and serve a copy on you. He cannot padlock your door or take any other unilateral action, but must first get a warrant of eviction to be served by the county sheriff. If your door has indeed been padlocked, report it to the police.
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