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Re: What are my rights?

Posted by TenantNet on December 14, 2001 at 06:55:19:

In Reply to: What are my rights? posted by Warbaby on December 13, 2001 at 18:27:29:

Well before you get caught up with all the comments, realize a message board operates a lot on opinion -- and granted those posting queries don't always post all the facts either. So you may get a gut reaction.

Not being regulated, you don't enjoy succession protections of rent stabilization. However, there are things to consider. Proper notice and time periods are important. If there's a history of conflict in the family, look at issues of retaliatory eviction if you've complained about things (it's in Real Property Law). This may give you more time if indeed it is a done deal.

But since it is an estate matter, you should consult with an attorney -- actually a few attorneys who know estate issues AND who know tenant issues. There might be arguments made to contest the estate -- and unless the son has been declared executor of the estate by a surrogate court -- he may not have standing to evict you. You could potentially argue that it was your grandmothers intent to will you the house. Estates are challenged all the time. But it will take some good research to frame such arguments.

: My landlady passed away in August, her son was willed the property (which is a 2 family house in Queens). I was called Monday, December 10, 2001, by the son who lives in another state, and told to leave the property by January because he is coming to sell the house. I have no lease. I have lived in the home for 11 years (w/2 children) and was told I could stay in the home until I find a place. I have been responsible for paying all bills and upkeep for the home since August. Heres the catch, the landlady was my grandmother, and the son is my father. For 11 yrs. I have paid rent (not much) but have no proof. What are my rights?

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