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-   -   What rights does a tenant in NY has in the absence of a lease? (https://www.askmehelpdesk.com/showthread.php?t=266431)

  • Oct 5, 2008, 11:09 AM
    Epicurian
    What rights does a tenant in NY has in the absence of a lease?
    I am a tenant renting an apartment in a private house and my landlord did not give me a lease, said it was not necessary. Now she has given me 1 month notice, staing effective NOV 1, the rent will be increased by $75, also I hve to pay the same amount towards my security deposit. I am currently paying $800, utilities not included.

    Do I have to pay the diffrence towards my security deposit?
  • Oct 5, 2008, 12:16 PM
    rockinmommy

    You are a month - to - month tenant. As long as it falls within the laws of your state, either you or the landlord can make changes with 30 days notice to one another. If there's not agreement, then you are basically terminating your tenancy.

    There's a "sticky" at the top of this forum with a link to the laws of each state for you to review.

    You can always find a lease you're comfortable with and present it to her. She may or may not go for it, but personally, I always think it's better to have a written contract. Even if it's just month - to - month.
  • Oct 5, 2008, 01:23 PM
    JudyKayTee
    Quote:

    Originally Posted by Epicurian View Post
    I am a tenant renting an apartment in a private house and my landlord did not give me a lease, said it was not necessary. Now she has given me 1 month notice, staing effective NOV 1, the rent will be increased by $75, also I hve to pay the same amount towards my security deposit. I am currently paying $800, utilities not included.

    Do I have to pay the diffrence towards my security deposit?



    She has to give you notice in the same time frame you pay month - if your rent is due the first of November she had to give you notice prior to the first of October.

    But, yes, on a month to month the terms can be changed at any time.

    Sounds almost like constructive eviction - she wants to force you out without the need to go to Court.

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