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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86683
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I currently live with my wife and two young children in a small

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I currently live with my wife and two young children in a small cottage we've been renting,where we pay 900 per mo plus all util,on a month to month,he now informed us he is going to New Zealand,and gave us an ultimatum,that we either need to leave by July 12th,or extend to when he returns in 9 months.
When i informed him we would stay until Sept 1st,he said no,because he wanted to interview new tenants and wouldnt be here.
His story changed,when he didn't like that we were upset with his forcing us into this,and there have been rats,mice,in the house,which he got an exterminator,but the rodents returned.
I asked him to fix the outside where there are all sorts of holes,he said in July he will meet a contractor.
tHEN JUST TWO DAYS AGO,HE SAID IF WE WANT TO STAY FOR TWO MONTHS OVER SUMMER,OUR RENT WILL BE DOUBLE,HE CALLS THAT SUMMER RATES.
I FEEL HE IS RETALIATING AGAINST US,AND HE IS DEMANDING WE SIGN THIS LEASE BY sATURDAY WITH DOUBLE THE RENT,OR VACATE BY JULY 12TH,WHAT ARE OUR RIGHTS,AND WHAT DO YOU SUGGEST WE CAN DO?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Can you please tell me what state is this in?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

SUFFOLK COUNTY NY

Expert:  Ely replied 1 year ago.
Thank you, E. Can you please tell me one more thing - on what date of the month do you pay rent every month?
Customer: replied 1 year ago.

waiting to hear back..


the 1st is when we pay rent,


thankyou

Expert:  Ely replied 1 year ago.
Thank you for your reply, E. I am typing out your answer now; apologies in advance for the momentary wait.
Expert:  Ely replied 1 year ago.
On this website, I do not always get to give only good news, and I am afraid that this is one of these times.

Warranty of Habitability
Now, first of all know that you are right in demanding that the issues be fixed. In New York, as in virtually every state, the landlord owes the tenant a duty to keep the unit habitable, i.e. a "warranty of habitability."

The tenant shall not be subjected to any conditions which would be dangerous, hazardous or detrimental to their life, health or safety. The landlord is also subject to the provisions of the Multiple Dwelling Law, and myriad local ordinances and laws. NY Cons. Laws RPP §235-b, Multiple Dwelling Law.

If the landlord does not act after your reasonable demand, then someone in your situation may: (1) sue for rent reduction, (2) fix and deduct from rent, or (3) quit the lease and demand the deposit back, even if it means going to Court for it. Let me know if you need to know more about these options.

Month to Month - termination and rent raise
However, you may have an issue. Because you are month to month, the landlord may terminate the tenancy for ANY reason with 30 days notice. They do not need a reason. So even if they are retaliating, provided they give you 30 days notice, they do not have to continue the lease.

However, know that they have to give you 30 days notice before increasing rent on a month to month lease, so they cannot demand an increase without 30 days notice, and you can continue paying the same rent as before unless they give you a notice, in writing, of an increase on next month.

But in the end, the landlord may still indeed terminate the lease with a month's notice, so they can ask you to leave, I am afraid.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.

So,


being that he just gave me 30 days notice on June 12th,and said if we don't sign the lease by the 15th of June,then by July 12th we need to vacate,but does that mean that this new double rent,cant begin until Aug 1st?


Also,he wants us to sign this new two month lease at double the rent by June 15th,and pay that 1800 starting July,what can i do about that?

Expert:  Ely replied 1 year ago.
being that he just gave me 30 days notice on June 12th,and said if we don't sign the lease by the 15th of June,then by July 12th we need to vacate,but does that mean that this new double rent,cant begin until Aug 1st?

Almost. First of all, he has to give you a month's notice to quit AT THE TIME OF NEW CYCLE, so, his June 12th notice is arguably invalid. For example, the month to month terminated by either party by giving at least one month’s notice before the expiration of the tenancy. For example, if the landlord wants the tenant to move out by November 1 and the rent is due on the first of each month, the landlord must give notice by September 30.

we need to vacate,but does that mean that this new double rent,cant begin until Aug 1st?

Right.

At the same time, the new amount needs a month's notice, so since the June 12th in invalid, the earliest he can give you notice is June 30th, and as such, the earliest he can raise rent is August 1st.

Also,he wants us to sign this new two month lease at double the rent by June 15th,and pay that 1800 starting July,what can i do about that?

You can simply refuse to sign, but, they can then raise rent/terminate with months' notice.Gentle Reminder: Again, surely you prefer that I be honest in my answer – please remember that rating negatively due to receiving bad news still hurts the expert – it is simply the way that the system is set up. Please use REPLY button to keep chatting, or RATE my answer when we are finished. (You may always ask follow ups free after rating.)
Customer: replied 1 year ago.

CAN HE LEGALLY ASK US TO LEAVE BY jULY 12TH?


Also,how long would it take for him to legallyevict us,should it come to a place where we cannot resolve?

Expert:  Ely replied 1 year ago.
CAN HE LEGALLY ASK US TO LEAVE BY jULY 12TH?

No. Rather, he can ask and may even try to evict, but if you can show that you did not receive proper notice at the END of the billing cycle, the eviction may be postponed. However, this would only be temporary as he can still evict you with proper notice which he may remedy quickly. Ergo, it is not recommended to get to this point even where he feels he can try.

Also,how long would it take for him to legallyevict us,should it come to a place where we cannot resolve?

Normally, an eviction takes 10-15 business days to be heard once filed.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86683
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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