Just wondering if my landlord has any grounds to evict me without going to court? I have tried several times to pay my landlord rent and he has refused any payment since March (we are now in July). In early March, i had lost my job but got a new one quickly so i was not able to pay the rent directly on the 1st of the month. When i called him to arrange a payment method, he denied it and told me that i had until June to pay him a full amount of $2,400.00 cash (doesn't make sense to me either). He has refused payment arrangements made by me on many occasions, denied my repairs (i have a hole in my bathroom ceiling), had a bug infestation due to his other tenants that i was left to fix myself and he has harassed me. I have also just found out that my basement apartment is illegal....
Landlord / Tenant Lawyer
Dear Brooklyn Tenant:
Please hire an attorney as soon as possible and learn your rights as a New York tenant.
No landlord may evict without a court proceeding where the landlord succeeded in proving to the satisfaction of a Housing Court judge a proper eviction cause of action presented in a lawsuit started by the service of a notice of petition and petition.
Your landlord is clearly setting you up for some court event. Refusing a payment of rent creates a defense in favor of the tenant should the landlord ever sue for rent. Making the condition for accepting rent that the tenant pays in cash, is illegal.
So. I just read the last line in your question and that statement should have been your lead point. Why would you want to continue to live in an illegal apartment and then why would you want to voluntarily pay rent to a landlord if the landlord rented an illegal apartment. A landlord CANNOT SUE a tenant for unpaid rent if the landlord rented an "illegal apartment." That means do not force the landlord to take your rent. Right now as the law stands in New York, the landlord cannot sue or claim any legal right to recover unpaid rent from a tenant in an illegal apartment and on the other hand the law in New York at present does not give the tenant the right to recover the rent already previously paid for renting the illegal apartment.
The landlord cannot "fix" your illegal apartment in any manner that would make the apartment legal to rent or legal to live in as you described your apartment being in the building basement. Basement apartments in NYC buildings stand nearly no chance at all in becoming "legal" to rent or to live in without a vast amount of money spent by the landlord to try to gain a Certificate of Occupancy for the basement.
New York law does allow the landlord to bring an ordinary eviction proceeding where rent is not an issue and where the landlord does not ask for a rent judgment. That is a summary holdover proceeding and it is based on expiration of the lease or termination of the month to month tenancy. A month to month tenancy may be terminated by the landlord be serving on the tenant a written thirty day notice of termination of tenancy that acts to end the tenancy on the last day of a month as long as at least thirty days advance notice is provided and the notice is served in the legal method allowed by the law.
In July, a landlord could serve a month to month NYC tenant with a thirty day notice that ends the tenancy on August 31, 2013. After that day if the tenant did not move the landlord could file a petition in a summary holdover proceeding.
So forget about paying rent. Paying rent cannot make the apartment legal and if you pay the rent you will not have a court award the rent money paid back to you when the landlord brings the only legal proceeding for your eviction.
Read more at:
But most important. Get an attorney on your side. Hold on to the rent. Do not try to force the landlord to take the rent. Start to look for a legal apartment.
The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.
Criminal Defense Attorney
If you don't go voluntarily the landlord has to take you to court.
I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.
No, New York does not allow for self help evicitions. Your landlord must go to court and must give you proper written notice meeting strict minimum timeframes to get someone evicted. Only the court can order an evicition and only the sheriff can enforce a warrant to evict. I suggest you take any letters you get from your landlord to an attorney to review and respond to if necessary.
This e-mail may contain confidential or privileged information. If you are not the intended recipient, please notify the sender immediately by return e-mail and delete this e-mail and all copies and attachments. If you are not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. IRS Circular 230 Notice: Unless specifically stated otherwise, any tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. Unless specifically stated otherwise, this communication shall not be deemed to be legal or tax advice, and no attorney-client relationship shall be deemed to have been created.
Your landlord may not engage in self help under any circumstances in a residential tenancy; he must take you to court.
Personal Injury Lawyer
No your landlord may not evict you without going to court. As my colleague stated, NYS does not allow for self help evictions. You should consult with a landlord tenant attorney in your area. Most attorneys offer free consultations prior to accepting your case.
If you found this "helpful" or "best answer," please click it with my appreciation. This response does not constitute legal advice and does not create an attorney client relationship. Thank you and good luck.
Real Estate Attorney
Assuming the apartment is a legal one, the landlord is allowed to make a 3 day demand that you pay the unpaid rent or quit the premises. If you don't pay, the landlord is within his or her rights to commence summary eviction proceedings in a court.
You can't get along with the landlord, there are repair issues, and the basement apartment might not have the blessing of the Building Department. Why not just leave?
This communication is intended only to provide general information. No attorney-client relationship is created.