Am I a tenant?

[unknown]

Due to negligence on the part of the LL, I have never signed a lease. Does anyone know if I am even considered a tenant? If so, what kind of rent obligation do I have? If not, what kind of rights do I have?

Thanks.

Edit: I just wanted to add that the LL has yet to accept any rent from me as well.

[cestmoi123]

Two very separate things there: if you haven't signed a lease, you're a month-to-month tenant, which comes with some rights, mainly that LL needs to give you 30 days notice before he makes you leave. The second point is important - why hasn't the LL accepted any rent? How long have you been living there? There's clearly a lot more to this story, we'd need more to give you better advice.

[unknown]

The story:

I knew a few people who were living at the house before I moved in. They had a lease, paid rent, and everything was fine.

They lived at the house for a few years, and began having a number of issues that needed repair. They contacted the LL multiple times to get them fixed. The LL never responded, so they withheld rent. Again, the LL did not respond. So they continued to live in the building rent-free, making their own repairs.

I later moved into the apartment because they had a spare bedroom and, due to the situation, they weren't going to charge me anything.

Now all of the original lease holders have moved out and the original lease is long expired, but I am still here. I have never had lease and never paid rent for the apartment. I have been here for about 7 months.

I'm worried I don't have any tenant rights if the LL were to come back and harass me. I'm also worried that the LL might come back and attempt to charge me back-rent for everyone (although I'm not sure what the price would be for me, considering I've never signed a lease).

Thats why I'm wondering, what does it take to be considered a tenant? The LL doesn't even know I exist, but I have certainly established residency in the apartment. I have never been asked to leave.

[unknown]

I think I have found, after reading the real property law, what I would be legally called. Apparently I am an "occupant" who retains no tenancy rights because the tenants have left.

They do say I have the rights of "any person residing in any housing accommodation". Does anyone know what these rights include?

[Aubergine]

A person who is permitted to live rent-free in rented premises generally fits the definition of a licensee. If a licensee remains on the premises after the expiration of the tenancy, the landlord can bring a summary eviction proceeding against the licensee after serving a ten-day notice to quit. The landlord cannot have an eviction carried out by the sheriff without a warrant, which can be issued by a court only after a judgment is entered against the respondent(s) in the summary proceeding. Outside of New York City, eviction cases are typically brought in city, town, or village courts.

If a licensee was not a party to the prior lease and the landlord never had an agreement with the licensee concerning rent, then there is little chance that the licensee would be held liable for back rent owed by the former tenants. However, a landlord could seek past and future "use and occupancy" (the equivalent of rent but not due to a landlord-tenant relationship) from the respondent in a summary proceeding.

From the facts you provide there seems to be no basis for you to defend your right to possession, although procedural defects in the landlord's case can often get a meritorious case dismissed and buy time. It's conceivable that a case brought in the circumstances you describe could be settled with a waiver of monetary claims and time for you to move out voluntarily. But every case, every landlord, and every court is different, so it's impossible to predict what the outcome would be for you.