Posted by a tenant on July 28, 2000 at 09:54:03:
In Reply to: eviction from private home / need to know rights posted by Saraji on July 28, 2000 at 05:30:50:
: Our landlord called my husband the other day and told him that his uncle died in a certain plane crash (and we know this is a lie) and that his cousins from another country are going to come and live here in our apartment (amazing how they got visas so quickly). He *told* my husband that we have to be out of here by September. (No written notification). I am also 39 weeks pregnant (he implied to my husband that giving us the whole month of August to move was out of his kindly consideration for my delicate condition).
: Our lease is not for a fixed term (ie, one year, two year). It requires a 30 day notice before we have to leave. This is a three family home, and the landlord's parents (whose name is on the lease) live upstairs from us. We are in Westchester Co. Conveniently, our apartment is the cheapest one he rents out. He offered us a 2BR at more than $400 than what we are currently paying.
: What are our rights? We have always paid our rent on time. We have never had problems with them before. Can he boot us out while I am expecting or newly post partum? We can not afford to hire a lawyer and go through court if we will end up having to move out in a month or two or three anyway. I tried to read the stuff on Tenant.Net but it seems all for NYC. Please help. Thanks.
You have no rights. You are a month to month tenant. All the landlord has to do is give you 30 days notice to leave. That's it.
It may sound harsh, but your condition (pregnant, sick, whatever) is of no concern to the landlord. These are decisions you have made which is your right. The landlord too has right to make decisions regardign property he owns and has decided for whatever reason that he wants your apartment. He's well within his rights to do that. It may sound heartless but it's just reality.
You would be better off, especially if you have kids and need stability, to try to get an apartment in a large building which is rent stabilized. At least that way you will know ahead of time how much your rent will increase and not be surprised when a greedy landlords jacks your rent by hundreds on a whim.
I've lived two private houses in my life. I was a model tenant, no trouble, fixed things myself, quiet, no problem and the greedy landlords didn't appreciate that at all. What I got were windows that were ancient, rotting wood (while new windows were installed in the landlord's first floor section), creaky floors, a freezing apartment in winter, tepid water with poor pressure, and inflated increases. Never again.
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