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Posted by DK on October 30, 1999 at 19:54:22:

In Reply to: Simple questions about my landlord (PLEASE HELP) posted by Joel Holland on October 27, 1999 at 10:27:49:

: I live in 4 unit building in Park Slope, Brooklyn, maybe 60 yrs old. I had a
: 1-year lease that expired Aug. 99, and have been month-to-month (rollover?)
: since. I pay $850 a month for a 1 bedroom, and so do 2 other tenants in the
: building. The 4th tenant was forced to move out yesterday, because her rent was
: to increase from $750 to $1250 (after 18 years of residence!) The building is not
: a coop or condo. -Ok, so here are my questions:

: 1. I want a lease, but my landlord will not give me one because the building is
: only 4 units. Is that legal?

: 2. What percentage can my rent be raised if I have a rollover lease?
: and how often?

: 3. Am I rent controlled? stabilized? what am I?

: 4. Do I retain the rights of the original lease on a month-to-month lease

: The landlord has his office below my Apt. and shares it with his brother a Lawyer,
: HELP!

Because your building contains less than six units, it is not subject to rent control or rent stabilization. Therefore, there are no limits on the rent which the landlord can charge.

The provisions of your original lease remain in effect on a month-to-month basis. The landlord cannot increase your rent without your consent and cannot evict you unless he serves a formal notice of termination at least 30 days before the end of your monthly term. Until you are served with a proper notice of termination, you can stay in the apartment at the old rent.

Even if the landlord should serve you with a proper notice of termination, you cannot be evicted without formal court proceedings. If the landlord should take you to court, the court can give you time to move, but you may be responsible for the landlord's legal fees and you may have to pay the market rent for the time you stayed after the expiration of the notice of termination.

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Comments:
: : I live in 4 unit building in Park Slope, Brooklyn, maybe 60 yrs old.  I had a
: : 1-year lease that expired Aug. 99, and have been month-to-month (rollover?) 
: : since.  I pay $850 a month for a 1 bedroom, and so do 2 other tenants in the
: : building.  The 4th tenant was forced to move out yesterday, because her rent was
: : to increase from $750 to $1250 (after 18 years of residence!) The building is not 
: : a coop or condo. -Ok, so here are my questions:

: : 1.  I want a lease, but my landlord will not give me one because the building is 
: : 	only 4 units.  Is that legal?

: : 2.  What percentage can my rent be raised if I have a rollover lease? 
: : 	and how often?

: : 3.  Am I rent controlled? stabilized? what am I?

: : 4.  Do I retain the rights of the original lease on a month-to-month lease

: : The landlord has his office below my Apt. and shares it with his brother a Lawyer,
: : HELP!

: Because your building contains less than six units, it is not subject to rent control or rent stabilization. Therefore, there are no limits on the rent which the landlord can charge.

: The provisions of your original lease remain in effect on a month-to-month basis. The landlord cannot increase your rent without your consent and cannot evict you unless he serves a formal notice of termination at least 30 days before the end of your monthly term. Until you are served with a proper notice of termination, you can stay in the apartment at the old rent.

: Even if the landlord should serve you with a proper notice of termination, you cannot be evicted without formal court proceedings. If the landlord should take you to court, the court can give you time to move, but you may be responsible for the landlord's legal fees and you may have to pay the market rent for the time you stayed after the expiration of the notice of termination.


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