Ask Altagracia: What are my rights if I’m renting month to month in NYC?
- Good Cause eviction law extended protections to month-to-month tenants
- You are entitled to receive at least one month’s notice if asked to vacate
If you’ve been paying rent as a month-to-month tenant and there is no legitimate reason to evict you, you have a right to remain unless the apartment is exempt from Good Cause.
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I've been in my rental for years without a lease and now the landlord wants me out right away. Do I have any rights?
Even without a lease, you still have some protections as a month-to-month tenant in New York State. “Under the Good Cause eviction law, a landlord must have a legitimate reason for ending your tenancy,” said Altagracia Pierre-Outerbridge, attorney and founder of Outerbridge Law representing residential tenants, condo owners and landlords.
A lapsed lease or verbal agreement to pay a monthly rent for a dwelling still constitutes a lease. “The law is pretty expansive,” she added.
Good Cause eviction law caps rent increases to 8.79 percent currently. It also prevents evictions and requires a landlord to renew your lease unless the landlord has a good reason—in other words, good cause not to do so.
If you’ve been paying rent as a month-to-month tenant and there is no legitimate reason to evict you, you have a right to remain unless the apartment is exempt from Good Cause. “Small landlords with fewer than 10 apartments are exempt,” Pierre-Outerbridge said. Your apartment will also be exempt if you are renting in a condo or co-op building. (There are other types of exclusions as well so it’s a good idea to check if your building is covered by Good Cause.)
Notice periods to vacate
If your landlord has a legitimate reason for asking you to leave the apartment—or the apartment is exempt—you must still be given up to a month to move out. “You are entitled to either a 30-, 60-, or 90-day notice period depending on how long you’ve been living at the premises,” Pierre-Outerbridge said.
If you’ve been living in the apartment for less than a year, you’re entitled to a 30-day vacate notice; more than a year and less than two years, the landlord must give you 60-days’ notice; and if you’ve been living there for longer than two years, you should be given 90-days’ notice.
Procedural protections
If you do not leave within the appropriate timeframe, the landlord will most likely start a holdover proceeding against you in housing court. “This is where the landlord wants to take back possession of the apartment for a reason other than non-payment of rent,” Pierre-Outerbridge said.
The first court appearance could be weeks or months away from the termination date. “This will be an administrative appearance where you are entitled to an adjournment to see if you are entitled to free legal services,” Pierre-Outerbridge said. This buys you some time as you navigate the process and assert your rights. “You don’t have to just rush out,” she added.
After that, the case will be litigated and so you need to be prepared to go to court to assert your rights.
If you are eligible for a rent-stabilized lease you can demand one from your landlord and if your request is refused, you can file a complaint with the New York State Division of Housing and Community Renewal.
Altagracia Pierre-Outerbridge, Esq. is the owner of Outerbridge Law P.C, focusing primarily on tenant representation. The firm represents all sides in landlord-tenant litigation and transactional matters such as month-to-month holdovers, nuisance cases, licensee cases, harassment claims, repair cases, tenant buyouts, succession claims, DHCR overcharges and rent reductions and more. Pierre-Outerbridge has 15 years of experience litigating in Supreme, DHCR, and Housing Court. To submit a question for this column, click here. To contact Outerbridge Law P.C. directly, call 212-364-5612 or 877-OUTERBRIDGE, or schedule a meeting today.
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