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No lease - do we have any rights at all?

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No lease - do we have any rights at all?

Postby Squeesh » Fri Apr 11, 2003 9:16 pm

Our aprtment building was just sold to a group of investors. The old landlord never used a lease so we only paid month by month. We have been in the apartment for 7 and a half years.

Now the new owners said to me last week that they were keeping the tenants with no intent to get rid of any of us. Lo and behold last night we got an ambigious letter (no real information other than the time frame for leaving) indicating that we have 2 months to get out. They are renovating the building, basement to roof and we are to leave. We get back the original security deposit plus one month rent. It doesn't imply this is a temporary situation and that we are allowed back into the apartment after the renovation. We believe it is for good. We called and were told that the person we had to speak to was not in and would be contacting us on Monday. They also said two copies were enclosed but there was only one, and they said to sign, date and return a copy as acceptence within a week of receipt.

What happens if we don't sign it?

Now... I am told the new owners cannot do this as the apartments are being repaired and then re-rented and we cannot be evicted unless we agree to this. A co-worker went through a similar situation, but he had a lease. If they were rebuilding as a commercial space then it is legal.
Is this correct... Can they force us out with only 2 months notice and no compensation other than the security deposit and 1 month rent?

Can we and is it feasible to get a lawyer? Any leads on one?

Can we hold out for a larger compensation?

We like it here and don't want to leave. Do we have any options??

Thank you in advance,

Chris And Tess in Staten Island
Squeesh
 
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Location: Staten Island

Re: No lease - do we have any rights at all?

Postby Lilly » Fri Apr 11, 2003 11:47 pm

First, how many apartments in your building? If less than 6 then its probable not rent regulated. If 6 or more the first thing to do is check to see if your apartment is rent stabilized:
http://www.dhcr.state.ny.us/ora/ora.htm
Find the location of the Rent office nearest you and go there with cancelled rent checks/rent payment receipts as proof of your length of tenancy there. Ask to speak with a case worker and ask him/her to pull the registration history for your apartment and the building.....
....Yet another reason why rent requlations are good.
Lilly
 
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Re: No lease - do we have any rights at all?

Postby Chimera » Sat Apr 12, 2003 12:34 am

If you are a month-to-month tenant in a non-regulated building, the landlord can end your tenancy with 30 days notice (before the end of your rental term which is probably the last day of each month) and is required only to return your security deposit, minus damages. If you hold out you will likely provoke your landlord into evicting you through housing court, which will leave you with no compensation, and an eviction on your record (not a good thing if you plan on renting in the future.)
Your current landlord is not obligated to give you a month's rent as compensation, he is probably offering this to make the evacuation of the building go more smoothly.
Chimera
 
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Re: No lease - do we have any rights at all?

Postby Squeesh » Mon Apr 14, 2003 2:09 pm

Thanx for your help. It is as I feared. It turns out these are the same assholes who just threw 32 families in Prince's Bay out of their homes. They have no consciences...

Thanx again...

Hoping to find a better home,

Chris and Tess in SI
Squeesh
 
Posts: 2
Joined: Fri Apr 11, 2003 1:01 am
Location: Staten Island


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