Skip to main content
Fulltext search
FILTER RESULTS BY:
RECOMMENDED IN RENT
Moving to NYC after college? Here's how to find a rental apartment
RECOMMENDED IN BUY
How buying real estate in NYC is unlike anywhere else
RECOMMENDED IN SELL
A guide to using a no-fee renovation loan from a NYC real estate firm
RECOMMENDED IN IMPROVE
How to make your NYC renovation more pet-friendly
BEST REAL ESTATE WEBSITE!
National Association of Real Estate Editors
BEST REAL ESTATE WEBSITE! National Association of Real Estate Editors
Brick Underground
Social Links
follow:
  • Facebook
  • Twitter
  • Instagram
  • Flipboard
  • search
Brick Underground
☰ Brick Underground
Brick Underground
Brick Underground
☰
Brick Underground
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
    Hudson Yards area of Manhattan
    Sell
    Hudson Yards takes the top spot again among NYC’s most expensive neighborhoods for buyers
    three-bedroom duplex condo in Williamsburg is listed for $1.8 million
    Sell
    How much does moving to the suburbs cost vs. staying in NYC?
    1st Avenue in Manhattan
    Sales Market
    6 reasons why your mortgage application might be denied or delayed that have nothing to do with you
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
    Zoey moves from OK to NYC
    Rent
    Why I moved from Oklahoma to NYC: I was ready for a big career move
    NYC apartment buildings
    Affordable Housing
    Ask Altagracia: Our building is badly neglected. Can we as tenants take over the building?
    Sponsored By Outerbridge Law P.C.
    Protestors outside City Hall
    Rent
    Should NYC relax rules for short-term stays at private homes?
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
    three-bedroom duplex condo in Williamsburg is listed for $1.8 million
    Sell
    How much does moving to the suburbs cost vs. staying in NYC?
    Townhouses on West 78th Street on the Upper West Side
    Sell
    ‘Buyer beware’ offset by new ‘seller reveal’ requirement for townhouse deals in New York
    image
    Renovation
    5 quick and inexpensive renovation projects if you're selling your apartment or house
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    houses in Astoria, Queens
    Troubleshooting
    Facing foreclosure? How a housing counselor (Mamdani's former gig) can help
    NYC buildings in winter
    Improve
    How to warm up your chilly NYC apartment: Brick Underground's best advice
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
    image
    Renovation
    5 quick and inexpensive renovation projects if you're selling your apartment or house
    NYC buildings in winter
    Improve
    How to warm up your chilly NYC apartment: Brick Underground's best advice
    washer dryer condo bathroom
    Renovation
    Can I install a washer/dryer combo in my NYC co-op?
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
    Burned and Boarded Up Windows
    When should your board hire a public adjuster?
    Manhattan GM
    What should we consider when renewing insurance for our building?
    Facade of NYC buildings
    How much is insurance on a NYC co-op or condo building?
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    NYC apartment buildings
    Affordable Housing
    Ask Altagracia: Our building is badly neglected. Can we as tenants take over the building?
    Sponsored By Outerbridge Law P.C.
    NYC apartment buildings
    Rent
    Ask Altagracia: My landlord enters my apartment with no warning. What can I do to stop this?
    Sponsored By Outerbridge Law P.C.
  • Brick Report
  • About Us
  • About Us
Email Address
Fulltext search
FILTER RESULTS BY:
New Main menu
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
  • Brick Report
  • About Us
    • About Us
    • Advertise
  • About Us
SUBSCRIBE TO OUR NEWSLETTER →
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Ask Altagracia [ SPONSORED ]

Ask Sam: I've been renting for 19 years with no lease, and the landlord wants to evict me. What are my rights?

By Himmelstein McConnell Gribben & Joseph LLP  | May 10, 2017 - 11:59AM
image
SHARE:
Share to Facebook
Share to Twitter
Print
More...

Dear Sam: I've lived for 19 years in my private house without a lease—13 years with my first landlord, and six years with the new one. The new landlord is always hassling me about noise, sitting with his door open and staring, and he recently raised my rent from $1,200 to $1,300. He even tried to evict me, but on the advice of a city agency, I told him he'd have to actually take me to court to kick me out. Since then, he's tried to raise my rent to $1,500, though it's only been a verbal notification, no formal lease. What are my rights in this situation?

Unfortunately, renters in your position "don't have very many rights," says Sam Himmelstein, a lawyer who represents residential and commercial tenants and tenant associations. "Your home is not subject to any form of regulation," he adds. "You have no lease and you're a month-to-month tenant, so the landlord can raise the rent to whatever they want."
 

Since it sounds like you live in a two-family home, according to New York law, you'd have to have been living there since 1953 for your apartment to be rent controlled or rent-stabilized. "If you were in a larger apartment building and were there for 19 years, in most instances, you'd be stabilized," Himmelstein explains. "But in this case, your position is similar to that of a market-rate tenant."

However, keep in mind that rent is an agreement, not a decree. "People have this notion that the landlord can just say 'this is the rent,' but rent is a contract, it can't just be imposed," says Himmelstein. "The landlord can say 'I'm charging you x amount' and you can agree, in which case it's a binding agreement even if it's not in writing. But if you say no, the landlord can either accept you paying a lower rent, or evict you."

If your landlord opts to evict, he'll have to service you with a 30-day termination notice, which will need to end your tenancy on a date that falls at the end of a typical rental period, e.g. the 15th or the 30th of the month. Once they serve notice, it's likely they'll take you to court on what's known as a "holdover," a specific type of eviction lawsuit. In these types of cases, the court has the power to give you up to six months to find a new place. The amount of time you get is usually determined by need, based on factors like income, family size, and if you're elderly or disabled. If you and your landlord can't agree on what you'll pay in between now and when you move out, the court can also set what it believes to be a fair market rent for your apartment.

Related: 

Ask Sam: How do I find out if my apartment should be rent-stabilized—and if the landlord owes me money? (sponsored)

Ask Sam: Can my landlord make me pay his legal fees? (sponsored)

Ask Sam: What kind of problems qualify me for a rent abatement? (sponsored)

Ask Sam: Can my landlord kick me out of my apartment so his family can move in? (sponsored)

See all Ask a Renters' Rights Lawyer


Sam Himmelstein, Esq. represents NYC tenants and tenant associations in disputes over evictions, rent increases, rental conversions, rent stabilization law, lease buyouts, and many other issues. He is a partner at Himmelstein, McConnell, Gribben, Donoghue & Joseph in Manhattan. To submit a question for this column, click here. To ask about a legal consultation, email Sam or call (212) 349-3000.

Brick Underground articles occasionally include the expertise of, or information about, advertising partners when relevant to the story. We will never promote an advertiser's product without making the relationship clear to our readers.

topics:

Ask Altagracia boards eviction landlords leases Neighbors renting staff
SHARE
TWEET
BRICK’S PICKS
three-bedroom duplex condo in Williamsburg is listed for $1.8 million
How much does moving to the suburbs cost vs. staying in NYC?
880 Fifth Ave., PHF, a two-bedroom co-op listed for $6.975 million
The pros and cons of owning a NYC penthouse apartment
empty nesters in modern kitchen
Empty nester checklist: What to consider if you are buying or renting in NYC
NYC apartment building with AC units
My neighbor's dripping AC is driving me crazy. What can I do?
Historic brick facades of NYC apartment buildings
Getting overcharged by a landlord? Here’s how the Tenant Protection Unit helps rent-stabilized tenants
Apartment buildings in Soho
New Rent Guidelines Board report justifies a rent freeze, tenant advocates claim
Follow Brick on Instagram
@brickunderground | #brickunderground
Brick UndergroundBRICK UNDERGROUNDREAL LIFE. REAL ESTATE. REAL NEW YORK.
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Main menu footer
  • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide

Get more news you can actually use...

Email Address

Delivered to your inbox weekly - for free.

*By signing up you agree to receive occasional emails on behalf of our sponsors

Footer Menu
  • About Us
  • Advertise

Copyright 2009-2024 by BND Ventures Inc | Privacy Policy | Terms of Service | Ad Choices | Login | Powered by Mortar CMS, the AI CMS