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
    Manhattan apartment towers
    Sell
    Manhattan and Brooklyn sales listings trend in opposite directions
    Residential towers in Brooklyn
    Sell
    Median sales price for Brooklyn condos jumped to $1.49 million in the second quarter
    Super talls on Billionaire's Row
    Co-ops
    What co-op and condo boards need to know about NYC's new pied-à-terre tax
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
    plimbing repairs
    Troubleshooting
    The 7 best ways to get your NYC landlord to make repairs and get them done faster
    rental repairs brick underground
    Roommates + Landlords
    Who is responsible for fixing a clogged drain, you or your landlord?
    L-shaped divider with shelves and a sliding door from Manhattan Pressurized Walls
    Roommates + Landlords
    Temporary bookshelf walls to divide a room legally: A guide for NYC renters
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
    Manhattan apartment towers
    Sell
    Manhattan and Brooklyn sales listings trend in opposite directions
    Views of the East River and the Manhattan Bridge from lower Manhattan, NYC.
    Sell
    Median price for Manhattan co-ops and condos hit $1.25 million in second quarter
    Residential towers in Brooklyn
    Sell
    Median sales price for Brooklyn condos jumped to $1.49 million in the second quarter
  • 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
    The Dr. Herman B. Sheffield House - 127 West 87th Street
    Live
    The 1881 Dr. Herman B. Sheffield House at 127 West 87th St: A narrow home with exuberant decoration
    plimbing repairs
    Troubleshooting
    The 7 best ways to get your NYC landlord to make repairs and get them done faster
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
    Manhattan apartment building exterior with AC units
    Renovation
    9 hacks to lower your NYC energy bill during a heatwave
    Manhattan Pressurized Walls temporary wall with plexiglass window
    Renovation
    Turn one room into two: The insider's guide to temporary pressurized walls
    New windows in a marble stone style with bay windows and ornate trim
    Renovation
    NYC's window approval maze: What's actually required from LPC, DOB, and your co-op board
    Sponsored By Window & Door Pro
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    Building facade with air conditioners
    Rent
    Ask Altagracia: Can my landlord make me pay a surcharge for my AC unit—even if I already pay the electric bill?
    Sponsored By Outerbridge Law P.C.
    New windows in a marble stone style with bay windows and ornate trim
    Renovation
    NYC's window approval maze: What's actually required from LPC, DOB, and your co-op board
    Sponsored By Window & Door Pro
  • 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

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
Roommates seated on a couch having an argument
How to kick a roommate out of your NYC apartment
Residential towers in Manhattan
What do changes in the Climate Leadership and Community Protection Act mean for NYC co-op and condo buildings?
Governor Kathy Hochul signs new budget
Hochul signs $269 billion budget with new pied-à-terre tax for NYC
New residential buildings in Long Island City, Queens
Changes to lending rules from Fannie Mae and Freddie Mac alarm NYC condo buildings
Governor Kathy Hochul announces proposed a pied-à-terre tax
Hochul unveils new pied-à-terre tax on NYC luxury second homes
harassment from a neighbor NYC
Is your neighbor harassing you? Follow these 4 steps to handle the problem
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