My rights

[JNM430]

My boyfriend and I moved into an illegal apartment at the beginning of November ('05). We did not sign a lease. We had a verbal agreement with our landlords that specified our monthly rent, utilities included. They decide 2 months later that since their electric bill has gone up, we need to pay an additional $150.00 this month, and anything above what they "normally" pay moving forward. Since this was not our agreement and they dont want to budge we told them we would be out by the end of January. We did not pay them January's rent, as they have our security and we feared that they would not give it all back. Now we have not yet found another apt, and would like to stay there until we do. If we give them January's rent, do they have any right to kick us out?

[Anna]

Real Property Law for NYS (except NYC) requires one-month notice for LL to increase in rent, or for T to move out. (increasing the rent is the same as terminating the current agreement and commencing a new agreement)

"Sec. 232-b. Notification to terminate monthly tenancy or tenancy from month to month outside the city of New York.

A monthly tenancy or tenancy from month to month of any lands or buildings located outside of the city of New York may be terminated by the landlord or the tenant upon his notifying the other at least one month before the expiration of the term of his election to terminate; provided, however, that no notification shall be necessary to terminate a tenancy for a definite term."

If you rented from the 1st of the month and did not give notice before 1/1/06, your notice is effective 3/1/06, not 2/1/06.

If T does not agree to pay the rent increase, LL's only recourse is to terminate the tenancy & sue T in court for eviction. If T does pay the rent inc, a new rental agreement is created.

[nysrep]

Anna, thanks to this forum, I've procured a copy of Article 7, Real Property which has become all but my nightly pre-slumber reading. (Imagine?) Indeed, your quote is on the mark. However, I wonder if law would apply to what the poster has admitted to being an "illegal" rental.

From research and even NYC experience, I have found that rent receipts can (not "do", however) dictate a great many out-comes should a case be brought to courts. At times, the receipts prove term of tenancy as well as agreed-upon rent. Unfortunately, receipts cannot indicate other terms of rental (utilities, late fees, &c.)

In this particular circumstance, if the Tenant verbally notified the landlord of intent to quit and subsequenlty pays the coming rent as due, and if the Landlord accepts payment with-out protest, does this simply imply acceptance of Tenant's continued renting status, voiding any "verbal" notice of intent to quit?

If Landlord accepts the rent payment with no adjustment (increase/decrease), would this then create "implied" acceptance of the status quo where the rent and tenancy is concerned?

(I'm full of questions here as I'm never certain about the "State" laws, their applications and enforcements.)

In any event, indeed, as you've helpfully posted, 30-days' notice is "required" by the State law. Unfortunatley, I've heard of incidents where the law is ignored and Tenants' possessions are simply removed, locks changed and end of story. Notification of local "law enforcement" may be of little help since this is an "after the fact" situation. So, I wonder: If this action is almost ignored, what then of the situation with this tenant in particular?

I leave the floor open and thank you.

[Anna]

Q: "In this particular circumstance, if the Tenant verbally notified the landlord of intent to quit and subsequenlty pays the coming rent as due, and if the Landlord accepts payment with-out protest, does this simply imply acceptance of Tenant's continued renting status, voiding any "verbal" notice of intent to quit?"

A: Yes, if LL accepts the rent, the verbal notice to quit is void.

Q: "If Landlord accepts the rent payment with no adjustment (increase/decrease), would this then create "implied" acceptance of the status quo where the rent and tenancy is concerned?"

A: Yes, acceptance of rent w/o inc creates L&T agreement at that rental amount.

note: both situations create actual, not implied, agreements.

note: in NYC, we have the Unlawful Eviction law which makes it a criminal offense for LL to lock a residential tenant out & put their stuff on the curb; other municipalities have similar laws.
Read more about NYC's, then find out if your town or county has one (and post it in a new thread in these forums)