I came across this for research regarding my situation that I have been living in a apartment with no lease for 10 yrs. I guess you can say its oral lease or month to month. I am confused by this term " statute of frauds" and its use regarding non written lease agreements over a year. I came across this paragraph written on a NYC rent gov site. But I can't find any other info regarding this. Is the following anything you have come across as a lawyer?
In New York City and throughout the state, unwritten leases are binding, provided they don't encompass a period that exceeds one year. When an oral lease goes beyond one year, the lease is required to be in writing to satisfy the "statute of frauds." Tenants who agree to a one-year, oral lease are considered to have a month-to-month tenancy.So my confusion is this paragraph above and the confusion of agreements spanning over a year saying NYC requires LL to have a 'lease' written. So what happens when there are disagreements and the period spans in my case 10 yrs? Is that paragraph a 'loophole' or is it one of many NYC laws that contradict other laws? And if it is a loophole who does it benefit the LL or the tenant? I also plan to use a laches defense. My situation is that I have an LL trying to push me out by using harassment and scare tactics of force using eviction as a common word but no action as of yet. Also saying I owe back rent when I have records from 2002 to Oct 2012. Missing oct 2008 to march 2009 records. Also I have documentation of harassment via recording. How can I protect myself from eviction or abuse?