No Recourse?

[darthina]

I don't know if you all can help me, but.... I have lived in the same apartment for 18 years with my husband. It's a private house with my landlady living on the second floor. We haven't had a lease for 17 years and didn't need one while our landlady was alive. We were ever- so-much-more than just tenants; we helped her, talked with her, did things around the house and gave her security and peace of mind. My landlady died 2 weeks ago and her son has told us we have a month to get out (April 30). We were not behind in our rent, until he didn't take it April 10 (but we have it put away). He wants to double the rent, I'm sure, and says we are "month to month" tenants and therefore must go. Don't we at least have squatter's rights or something?

As a second issue there are all kinds of problems with the place: there is no bathroom light because water was running through it and shorted it out, the plaster in the livingroom is falling in from water damage (and occasionally leaks when it rains), the floor tiles in the kitchen have become unglued and are a trip hazzard, etc. And they haven't painted the place since we moved in. Oh, and we take out the garbage, shovel the walks in winter and snake the sewer every 4 months. And he has known all of this for more than 6 months.

He also appears to have forged her name on the eviction notice. Maybe he's able to do that when he's got power of attorney, I don't know. If nothing else this is morally wrong; this is a nice thanks for taking care of his mother for 18 years. There's more to this story but this is the bare bones of it. Is there any recourse here at all? Or should we just find a new place-fast.

[ChrisG]

i'm afraid there's not much to do in this case, except leave. unless you try to offer to buy the whole house from the guy. the security you built with the landlady died when she did. it's too bad her son can't be nicer about it, but the basic fact is now he owns the property and he can pretty much do what he wants to. the only protection a renter can have is a lease. he is within his rights to give you a month's notice. i don't know what the 'eviction' notice was, but eviction is a process that can take months beyond the date you are supposed to leave. so if worst comes to worst you will legally be able to stay in the house a little bit longer. but he'll probably put the screws to you then. this is the downside to renting; any jerk can be your landlord and kick you out.

[queenswoman]

As a month to month tenant you must be served a 30 day termination notice before you are served the actual eviction notice . Also once you are actually in housing court you could probably get some free rent if there are things that are seriously wrong with the apartment(and you document it and better yet take pictures of the violations in the apartment). In addition, in a holdover eviction procedure the court will generally allow you between 3-6 months to move out.

[configdotsys]

This is truly a sad story.

This is what you get for being nice. The son is a scumbag. What a lovely world we live in.

[NYHawk]

WHOA!!!!!!!!!!!!!! who said the son owns the property??? a leap of assumptions I think. the son can't do jack unless and until he proves he is the executor of momma's will. a power of attorney ends at death. who knows, momma might have left the property to her nice tenants -- someone needs to see if momma had a will....... maybe she left the scumbag son exactly what he deserves, nothing..

[mjr203]

Originally posted by NYHawk:
WHOA!!!!!!!!!!!!!! who said the son owns the property??? a leap of assumptions I think. the son can't do jack unless and until he proves he is the executor of momma's will. a power of attorney ends at death. who knows, momma might have left the property to her nice tenants -- someone needs to see if momma had a will....... maybe she left the scumbag son exactly what he deserves, nothing..

that's a good point -- you should make sure that the son did inherit before you leave -- I am not sure how one would go about doing so but it's a good point