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C.Fortunato
C.Fortunato, Lawyer
Category: Real Estate Law
Satisfied Customers: 8023
Experience:  Expert in Landlord/Tenant Law. Licensed Real Estate Broker.
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I am never let on my rent and I have been living in this apartment

Resolved Question:

I am never let on my rent and I have been living in this apartment for over 1 year. The landlord told me I have to move out cause she is moving into the apartment with her husband and children due to economic reasons.

Now about the building, she never let me use a mail box, and the entire building looks to be something rent subsidized. All the utilities were included in the rent except TV and Internet. One month ago there was an inspection, and she told me I cannot be in the apartment during the time when the inspectors are there.

I do not have a lease with her, I however have a notarized agreement with her. I do not want to move out. What are my options?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  C.Fortunato replied 1 year ago.

cfortunato :

Hi - my name is XXXXX XXXXX I'm a New York Real Estate attorney here to assist you.

cfortunato :

Does the notarized agreement specify a time period for you to lease the premises?

cfortunato :

In other words, does it say for how long you can stay there?

cfortunato :

Also, what is your rental term (eg. beginning of the month to the end of the month, or the 15th of the month to the 14th of the next month, etc.)?

Customer: No the agreement does not specify the term. Plus the apartment # XXXXX the agreement is not correct. Different letter F instead of B.
Customer:

No the lease agreement does not specify the term of the rental. Plus she entered the wrong apartement number letter F instead of B. Last year she gave us a new agreement but i did not sign it. The agreement say that we are in there month to month with 30 day notice.

Customer:

My rental term is 15 of the month

cfortunato :

Thank you for your response.

cfortunato :

Since you have a month-to-month rental, your landlord must give you a written 30-day notice that says you have to move out of the apartment. It does not matter that the agreement has the wrong apartment number, because the same would apply if there was no written agreement at all.

cfortunato :

Once you get the written agreement, then the landlord must go to court if you do not move out within the 30 days. Once in court, you will be given 3 months to move out. If are not able to move out within the initial 3 months, you can then request an additional 3 months.

Customer:

That appartment is not the property of the landlord, and my roommate has lived there for 2 years. We do not want to move out and believe that we have the right to take over the lease.

Customer:

What are our rights?

Customer:

The person we are renting the appartment from commited a number of violations and we do believe it is herself who should be removed from there. Kindly advise?!

cfortunato :

Do you live in NYC?

cfortunato :

If yes, is the apartment rent stabilized or a Section 8 unit?

cfortunato :

(Is it Section 8 even if not in NYC?)

Customer:

Yes, I live in NYC. As it appears they have yearly inspections, which are typical for subsidized appartments. I do not know if it is rent stabilized or Section 8. How to find out?

Customer:

I have also found that the building is New York City property and is managed by Affordable Association or something along the lines and zoned as R7-2












cfortunato :

Thank you for your response.

cfortunato :

I do understand that the person from whom you are renting the apartment is not the owner of the building. However, since you are renting the apartment from that person, that person is considered to be your landlord.

cfortunato :

And that person has the right to ask you to leave with a written 30-day notice. It does not matter that your roommate has lived in the apartment for 2 years. Living in an apartment for a number of years does not entitle that person to remain in the apartment when there is no lease in that person's name.

cfortunato :

You can find out if the apartment is rent stabilized and/or section 8 by contacting the DHCR.

cfortunato :

The number is XXXXX(1-866-275-3427).

C.Fortunato, Lawyer
Category: Real Estate Law
Satisfied Customers: 8023
Experience: Expert in Landlord/Tenant Law. Licensed Real Estate Broker.
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