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Month to month tenant rights? asking for a pet?

Brooklyn, NY |

I am a month to month tenant. I wanted to know if i can be evicted for no reason at all? also i am entitled to an emotional assistance pet because of my disability. If I bring this up to my landlord (they said no pets) can they evict me for asking if i can have a pet? I really don't want to receive a letter saying i have to leave in 30 days.

There is no lease. And i read that a month to month tenant can be evicted without reason and given only 30 days notice. So If they don't like my question, can i be evicted?

Attorney Answers 3


The terms of your lease outline your rights and responsibilities. If they say no pets, I wouldn't even ask.

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There is no lease. And i read that a month to month tenant can be evicted without reason and given only 30 days notice. So If they don't like my question, can i be evicted?


Dear Tenant:

A New York licensed attorney should have had a first crack at answering your question.

The real question is why you are a month to month tenant? If the building you live in has at least six apartments and was built before 1969, you could be protected by the Rent Stabilization Law, and entitled to a lease. If that is so, your landlord may not retaliate, and you are entitled to a lease whether the landlord does business that way or not.

Of course, if your building has less then six apartments, then this is the living arrangement you accepted. New York does near nothing to protect a tenancy of a month to month tenant. A month to month tenant is the true orphan in New York landlord and tenant law.

All New York State commands your landlord (if you live outside New York City the rules are different) in New York City, is that to terminate your monthly tenancy, the landlord must serve a written thirty day tenancy termination notice ending your tenancy with at least thirty days notice on the last day of your term (meaning on the last day of a month if your pay rent day is the first) and that notice must be served (this is the only really tricky part, because most landlord do not believe that they should hire a process server) in the same manner as the process in the court proceeding (in the same manner as required for the service of a notice of petition and petition.)

The right to a "pet" in New York City is through a written agreement with the landlord, or by reason of the New York City Pet Law ( that allows a landlord's delay to work against enforcing the "no pet" provision) by the "pet law."

But you choose to become a tenant without a lease and the Pet Law cannot help you because there is no pet clause to overcome.

Your bottom line assessment then is accurate, assuming that you are really a month to month tenant.

Your landlord does not need to state a reason at all for termination of a month to month tenancy. A termination notice may come at any time, and for no reason at all. If that is the way you decide to live, New York State does not care.

Good luck.

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.

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Yes. You can be evicted for mo reason or for any reason. You may be entitled to a six month statutory lease if you rent payments are current. The landlord must serve you the thirty day notice and must follow all the rules to get a warrant of eviction and judgment of possession.

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