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ronnie177 · Feb 26, 2008, 11:17 AM

I live in my sister's and her husband's house.. she rents me one bedroom. She had promised me a finished basement apartment for $400.00 a month, but she never finished the basement. The verbal agreement was that I was to stay in the bedroom with my 2 children pay her the $400.00 a month until the basement was ready to move in. She and her husband bought that house from my mother.. which means I was already living in the house with my mother and my kids before they bought it. I have been paying my rent every single month since she started charging me which is October of 2006. I have paid the rent for the basement even though I am in the bedroom. I just keep paying rent.. I do have a bedroom where I and my children sleep. However... she found out she is pregnant and now she wants me out. So that she can make my bedroom a nursery for her baby. Her husband told me to move 2 weeks ago.. he wants me out by May of 2008. But now I find out that she has gotten herself a lawyer and wants me out by April 30, 2008. I paid her rent for February and now March is coming by and I intent to pay her rent for March HOwever I want to know if she serves me with an eviction letter before March do I have to pay her rent for March and April?? Can I save the money for me to move by April 30, 2008.? I live in Queens, NYC.

ScottGem · Feb 26, 2008, 11:32 AM

You did not have a lease, I gather. Therefore you are a periodic tenant. Your tenancy can be terminated with one rental period's notice. That notice needs to be in writing, but it means they can get you out by the end of March. If you refuse to move, they can then evict you. You still owe rental right up to the day you vacate and you can be sued for that amount.

ronnie177 · Feb 26, 2008, 12:16 PM

Originally Posted by ScottGem

You did not have a lease, I gather. Therefore you are a periodic tenant. Your tenancy can be terminated with one rental period's notice. that notice needs to be in writing, but it means they can get you out by the end of March. If you refuse to move, they can then evict you. You still owe rental right up to the day you vacate and you can be sued for that amount.

Yeah... I didn't have a lease because I didn't think my sister, the person that I grew up with for more than 20 years would evict me out of her house.. especially after she clearly stated to me that I didn't have to move once she bought the house because she was going to give me a separate apartment in the basement. Oh.. well... any way.. my tenancy is from month to month.. there is no lease and I pay her every month religiously... :( It bothers me more because she knew that I applied for section 8 February of 2007 and my case was approved.. but now I have to wait for my section 8 boucher to be able to move.. she knows I am trying to the best of my ability to move... now she wants me out... so I guess I will have to go to a homeless shelter with he kids. I guess I need to take the letter of eviction with me..

Thanks for the answer... I will continue to pay her rent...

ScottGem · Feb 26, 2008, 01:03 PM

That's a shame that you have such a sister. I find it hard to believe she would rather see you and her nieces/nephews in an homeless shelter. Is there nothing you can do to fix up the basement on your own?

ronnie177 · Feb 26, 2008, 01:32 PM

No, unfortunately their attitude and arrongance has made me and my children feel so uncomfortable.. every time I drive by the house to pick up mail my son tells me he is not getting out... he says he rather stay in the car.. my daughter says that she doesn't want to live in the street but she won't go in the house either... plus, I didn't mentioned it before but my son has disabilities.. so it is extremely difficult for me.. I am very overwhelmed... I wish I could email you the pictures that I took of the basement and you tell me if that looks like a place to live... :(

ScottGem · Feb 26, 2008, 01:34 PM

I see, you're right you do need to get out. Good luck to you.

ronnie177 · Feb 26, 2008, 01:35 PM

Thank you!