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Re: Month to month 30 day notice was handed to my daughter.

Posted by Cranky Tenant on November 28, 2001 at 07:07:10:

In Reply to: Month to month 30 day notice was handed to my daughter. posted by George F. on November 28, 2001 at 02:25:01:

I personally can't imagine why anyone would pay a brokers fee for an apartment without a lease.. or why anyone would invest money making repairs when they don't have a lease. Letting the LL know you were with INS and possibly investigating him was also a mistake. Whether he's here legally or not he certainly isn't going to take an INS investigation lightly.

You didn't mention what kind of building you're living in. It's certainly worthwhile to check with DHCR to see if you're Rent Stabilized. You may have rights to more than a month-to-month agreement.

: My wife and daughter were home.We live in NYC/no lease. A mutual agreement that there wouldn't be a raise in the rent for 1 year and reimbursement for painting and minor repairs. I paid a realtor's fee to get this apartment in 2/2001 for 3/2001,(9 months of occupancy). Tonight my 12 year old daughter answered a knock. The person claimed to be our landlord. Familiar with him she opened the door and another gentleman was there, gave her an envelope addressed to my self and my wife, and walked out of the building.It says that I have to vacate by 12/31/2001. Now everyone knows the moving hassle at the end of the year. He does not want to extend me & is offering no reason for the notice.
: 1. Should I wait for eviction proceedings? I have three kids, my youngest is under two years old. I really can't move right now.If so, should I hire an attorney?

: 2. I have repaired a botched up electrical job, put new doors in, put two new light fixtures in, painted the place myself. (Every room was pink when I moved in)and done basic handyman work. The tenant downstairs and some receipts can attest to this.

: 3.My rent has been up to date.( the electrical job cost me $1200. and was part of Octobers rent. Does the fact that I paid a realtor to find me this place mean any contract or lease was expressed? Am I entitled to a refund of that fee?

: 4. What are my chances of getting a real extension in court? Was I properly served by my LL's attorney? Can they just hand it to a minor and walk away?

: I know I'm probably considered a month to month and should have really considered this, especially with a family involved.

: One last thing, hope I'm not going out on a limb here. The tenant downstairs has a lease and has not been paying his rent. He has been asking me to find out the Immigration status of the LL since I work for INS. I tried to tell him that I did not really have the full right to pressure the landlord into giving me that info. I politely told the landlord about this situation about 3 weeks ago and asked him if he'd mind giving me his Alien number. I already knew he was not a citizen. He got very cagey and upset. I apologized but now find myself in this situation. Does this constitute viable retaliatory action? Any responses would be appreciated.


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