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pollpants · Nov 4, 2009, 12:26 PM

Can anyone tell me where I can find information for NY state Tenants that do not have a leaser (month to month)? I live in a multi family private house. Thank you

LisaB4657 · Nov 4, 2009, 01:01 PM

You can get started at Tenant Rights, Laws and Protections: New York - HUD

pollpants · Nov 4, 2009, 02:02 PM

Thanks! I searched Google for hours today and found many NY sites but this is one I haven't found. I found my information for pro bono but I am not sure if my landlord is allowed to do what she is doing. The landlord wants me out because of personal feelings about me. So the only way to do this is to hit me in every direction that the law allows to get money from me within 30 days. Or maybe the law doesn't allow. This is what I am researching. If I do not have a lease or security deposit, can the landlord now ask for a security deposit, start charging me late fees and ask for back owed money that was on a verbal payment plan started 6 months ago? The late fees and security deposit is part of the lease they now want to start with me.

ScottGem · Nov 4, 2009, 02:06 PM

If you do not have a lease you are considered a periodic tenant (usually called month to month). As a periodic tenant, the landlord can terminate your tenancy with a notice of one rental period or thirty days depending on state law. They need no excuse.

However, they can't impose charges retroactively that are not part of any agreement.

pollpants · Nov 4, 2009, 02:07 PM

Ok, thanks for the great info, this is what I am down to.

I know she is allowed to end a lease with 30 days notice but the landlord is not asking to end it. Its asking for the above that I stated and if not, then eviction will start. So from what they are asking, is my 30 days notice just to accept the new terms and then I should receive a 30 days eviction notice after I respond to this?

pollpants · Nov 4, 2009, 02:08 PM

Originally Posted by ScottGem

If you do not have a lease you are considered a periodic tenant (usually called month to month). As a periodic tenant, the landlord can terminate your tenancy with a notice of one rental period or thirty days depending on state law. They need no excuse.

However, they can't impose charges retroactively that are not part of any agreement.

So there can not be any late fees and I forgot to mention besides everything else, the rent is also going to be raised 18% starting with the new lease.

JudyKayTee · Nov 4, 2009, 05:33 PM

This is posted in a NY thread - are you asking about NY or Texas?

If you use the AMHD search feature you will find this has been asked and answered more than a few times. Have you looked here? http://www.nolo.com/legal-encycloped...7973F1193.jvm1

EDIT: I notice this has been posted 3 times and needs to be combined

kelly-one-kline · Nov 4, 2009, 05:44 PM

Many thanks. New user. Learning the ropes here.
Thanks for all the advice! What's the AMHD search feaure?

kelly-one-kline · Nov 4, 2009, 06:17 PM

Hi JudyKayTee-
I just read through that entire page at the link you suggested and did not where it answers my question.

Can you please be a little bit more specific about the answer if the question has been answered more than a few times?

Thanks again

ScottGem · Nov 4, 2009, 08:14 PM

Originally Posted by kelly-one-kline

Many thanks. New user. Learning the ropes here.
Thanks for all the advice! What's the AMHD search feaure?

I'm confused, Judy's note was addressed to the OP (pollpants). So why do you think it was in answer to your question which was never posted in this thread? You have your own thread in which your questions were merged. Please stick to that thread.