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Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 29811
Experience:  Attorney
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I have lived in my apartment almost 10 yrs. When my landlord

Customer Question

I have lived in my apartment almost 10 yrs. When my landlord got divorced he an his wife split up their houses, mine was his. At the end of July he informed me that he was giving all of his property to his ex. He informed me that she would be looking over the places and came at the end of July. She collected the rent on Aug 1, and then gave me a 30 day eviction notice on the third. I learned that this may be illegal as she's supposed to give notice before she gets the rent. Her reason was she couldn't renovate with me living here. On Aug 15 she contacted me to find out if I was going to be out by Sept 1, as she had a work crew coming in an already, sight on seen had the place rented Oct 1. I told her that on Aug 3 that she had told her ex that I could have 60 days. She said fine and gave me a few days to decide but that I would have to pay 650 instead of 475. Is it true that if landlord raises rent more than 10% have to give a 60 day notice, this increase is almost 50%. I feel I'm being pressured. I'm disabled and doing my best but I was blackmailed when they had sewer work and the front had to be dug up. It was being paid through their was informed not to say anything about Roto roofer had been here several times in attempt to fix the problem. Was told that if they found out then they would be responsible for the bill and I would have to move. At this time the two of them were still married and living together. I need to know what are my rights. Do I have to pay the increase and can she have the Marshall here on the first if she doesn't get her way.
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  Lucy, Esq. replied 11 months ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this is happening.

A 30 day notice delivered on August 3 is not effective for September 1, because that's not 30 days. New York is not one of the states that requires 60 days notice for a rent increase of more than 10%, but she still has to give you 30 days notice. A rent increase can never be retroactive, and the landlord did not give sufficient notice to increase the rent as of September 1. You'd only have to pay $650 if you stayed past October 1, and she's already requested that you be out before then. She cannot insist upon the additional rent for September or October, and she cannot evict you for refusing to pay an illegal rent increase.

If you're in New York City, you may want to call the city at 311 to see if there's anything they can do to help. The Marshal will not come to the apartment to remove you without a court order, and she cannot get a court order before September 1. (She shouldn't be able to get one before October 1, either.)

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 11 months ago.
If I understand you correctly then my 30 notice goes into effect on Sept 1. Wondering about the extension from 30 to 60 days that she agreed to as long as I agree to pay Sept rent is valid and when would that 60 days be effective. Would it only take me to the end of Sept or because her notice to evict was illegal take me to the end of Oct, or would I be pushing it. Of course if I do have Oct would probably mean I would then have to pay the increase.
Customer: replied 11 months ago.
Sorry didn't mean to do that, would rather continue with texting, thank you
Customer: replied 11 months ago.
Thank you Lucy for the assistance you have already provided. I noticed with my first question you answered in about 5 minutes but haven't heard from you in over 15. Did you receive my question and are you going to be able to let me know anything. Thank you and hope to hear from you soon.
Expert:  Lucy, Esq. replied 11 months ago.

I'm sorry for the delay. We don't have any way of knowing when customers will respond to our questions, and I wasn't online when you posted your reply.

It appears that you misread my response. September 1 is less than 30 days after August 3, and the notice you received is therefore INVALID. The reason you get until October 1 is because she then agreed to allow you to stay after you complained about the notice. She's bound by that and cannot take it back.

I'm actually going to be offline for the next few hours as we're nearing the end of my work day. However, if you have more questions, I'm happy to answer them as soon as I return.

Expert:  Lucy, Esq. replied 11 months ago.

Did you still have questions about this?

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