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Posted by TenantNet on September 03, 1996 at 21:47:31:

In Reply to: Renting without a lease posted by Wm. Ferguson on September 03, 1996 at 17:58:38:

: I have searched the site and haven't found anything that describes my situation.
: Specifically, I live in an apartment under a month-to-month agreement with a very
: nice landlord. Last year the rent jumped $50, which was a shock, but because of
: the unusual circumstances (and the relatively reasonable rent I pay for SoHo),
: I swallowed it. Now, with the stove broken, the ceiling needing repair, and the
: constant articles in magazines about what a renter's market NYC is at the moment,
: I'm wondering what my rights are. I'm actually afraid to inform the landlord
: about the broken oven for fear that the rent will jump.
: I have heard all kinds of fantastical stories about renter's rights regarding
: month-to-month agreements, specifically that I can demand pretty much whatever
: I want. I'd like to know the truth from anyone who has experienced anything similar.

First, make sure that you are not rent stabilized. Many, many owners will
rent to tenants and tell them they are not RS where in fact they are. If you
are in a pre-1974 building of 6 or more units and not a coop there's a chance
you are "subject" to RS and you should check it out. Don't believe it
just because the landlord tells you. As for month-to-month, you have very
little rights in reality as the owner can elect to terminate your residency
on 30 days notice. If you complain, do it gingerly.

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Comments:
: : I have searched the site and haven't found anything that describes my situation.
: : Specifically, I live in an apartment under a month-to-month agreement with a very
: : nice landlord. Last year the rent jumped $50, which was a shock, but because of
: : the unusual circumstances (and the relatively reasonable rent I pay for SoHo),
: : I swallowed it. Now, with the stove broken, the ceiling needing repair, and the
: : constant articles in magazines about what a renter's market NYC is at the moment,
: : I'm wondering what my rights are. I'm actually afraid to inform the landlord 
: : about the broken oven for fear that the rent will jump.
: : I have heard all kinds of fantastical stories about renter's rights regarding
: : month-to-month agreements, specifically that I can demand pretty much whatever
: : I want. I'd like to know the truth from anyone who has experienced anything similar.

: First, make sure that you are not rent stabilized. Many, many owners will
: rent to tenants and tell them they are not RS where in fact they are. If you
: are in a pre-1974 building of 6 or more units and not a coop there's a chance
: you are "subject" to RS and you should check it out. Don't believe it
: just because the landlord tells you. As for month-to-month, you have very
: little rights in reality as the owner can elect to terminate your residency
: on 30 days notice. If you complain, do it gingerly.



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