Do I have any legal defense against this? My fiance, son and I wish to stay in our apt. We were late on rent numerous times this past year due to my being in between jobs, however I found a good job with a solid income.I also want to add, we live in a Rent Stabilized Apt.
If you live in a rent-stabilized apartment, you have the right under state law to renew your lease for a one or two year term, or to continue living in your apartment by the terms (including the rent level) of your old lease, until your landlord decides to offer you a lease renewal - with some exceptions.
To end your tenancy, your landlord must demonstrate that you have failed to pay the rent; violated a substantial term of your lease; violated something in the rent stabilization code; or have created a nuisance (or someone who lives with you has created a nuisance)
In some cases, a landlord may seek to terminate a tenancy based on the landlord's intention to use an apartment for personal use or for the use of an immediate family member (owner-use) or because a landlord is seeking to demolish the building or convert it to non-residential use. (Tenants are encouraged to fight back, as there is a high burden of proof placed on landlords who seek to evict tenants on those grounds. Tenants threatened by this type of eviction are strongly encouraged to seek legal counsel.)
Your landlord's failure to offer you a renewal lease for your rent stabilized apartment does not put you at risk of eviction. Your old lease and rent level stays in effect until your landlord properly offers you a renewal lease.
Dear Coram Tenant:
Unless the lease provides the right to renew or the right to renew derives from rent stabilization, ordinarily New York does not provide for a right to a renewal lease.
Even without a new lease the tenancy will continue month to month until you or the landlord decides to "terminate" the month to month tenancy. The landlord may allow a tenancy without a formal lease renewal when the lease ends or raise the rent for the month to month tenancy. Perhaps with the passage of time and regular rent paid on time the landlord may consider making a new lease.
However if your landlord may also want you and your family to move out when the lease ends. The landlord has the right to go to court if you do not move on your own before the landlord takes rent after the lease.
You may consider hiring an attorney to assist in dealing with the landlord.
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.
I agree with both attorneys above. Look at the lease and see what it says about renewals and also check whether it is rent stabilized building. If it is not and your lease does not specify the renewal, the landlord may be able to start the eviction proceeding.
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