Ask Sam: I've been renting for 19 years with no lease, and the landlord wants to evict me. What are my rights? 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
    Governor Kathy Hochul signs new budget
    Live
    Hochul signs $269 billion budget with new pied-à-terre tax for NYC
    Towers of the East River Co-ops (1956) in the Lower East Side, NYC. In the foreground is the East River and East River Park under renovation. These were the tallest reinforced concrete apartment structures in the United States at the time of their construction.
    Co-ops
    How first-time NYC buyers can apply for up to $100,000 in down payment assistance
    Brick townhouses in NYC
    Negotiating + Financing
    What is a CEMA loan, and how can it reduce my mortgage recording tax?
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
    New York Knicks Game 4 NBA Finals
    Rent
    Cheering the Knicks NBA championship win and recalling more affordable NYC rents
    Governor Kathy Hochul signs new budget
    Live
    Hochul signs $269 billion budget with new pied-à-terre tax for NYC
    Bernie Sinclaire and Anabelle Gonzalez and children
    Live
    Is a ‘mommune’ right for you? Why two single NYC moms say combining households beats struggling alone
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
    Condo buildings near Hudson Yards
    Sell
    Manhattan co-op and condo deals above $3 million doubled in the first quarter
    Apartment buildings in New York City
    Sell
    What is a pied-à-terre? What makes it different from a typical NYC apartment?
    renovating before selling
    Renovation
    How much should you renovate your NYC apartment or house before selling?
  • 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
    Bernie Sinclaire and Anabelle Gonzalez and children
    Live
    Is a ‘mommune’ right for you? Why two single NYC moms say combining households beats struggling alone
    French Bulldog in Manhattan living room
    Kids + Pets
    HUD issued new rules for emotional support animals. For New Yorkers, not much will change
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
    Blue cabinetry and window-paned interior doors
    Design + Architecture
    Who should you hire to renovate your luxury Upper East Side co-op?
    Sponsored By YossiG & Home Evolutions
    Manhattan Midtown Skyline View From the East River
    Improve
    New York just extended the J-51 tax abatement. Here are five key details condo and co-op boards need to know
    Modern windows matched with a stone facade
    Improve
    What type of window is right for your NYC home? A property-by-property guide
    Sponsored By Window & Door Pro
  • 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
    Blue cabinetry and window-paned interior doors
    Design + Architecture
    Who should you hire to renovate your luxury Upper East Side co-op?
    Sponsored By YossiG & Home Evolutions
    Three women lounging amusingly upside-down on a couch in a clean, brightly lit apartment
    Rent
    How to find a sublet in NYC: The online platform connecting apartments and renters
    Sponsored By Ohana
  • 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
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
brooklyn apartments
No co-signer for your rental? No problem—try these 6 guarantor workarounds
Common space at Outpost Group's Williamsburg location.
Co-living 2.0: Proposed NYC law would legalize shared housing in new development to ease housing crisis
Manhattan apartment building
Cool homes for all: A guide to NYC’s new AC mandate for rentals
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