Legal Question in Landlord & Tenant Law in New York

landlord/lease

is it legal for a slumlord I mean Landlord to charge $25 for each day your rent is due. Exspecially when said landlord have not done anything for renter since moved in over 4 years ago and have never fixed door bell or screens that were already broken since moved in. Then harrass renter with disrespectful phone calls messages and visits to home. Landlord is unprofessional and takes no consideration on the hard times of the renter who pays rent every month though sometimes not on time but never more than a week late. And also I would like to know if lease is not signed can we be evicted? and how long would we legally have to move out? and would rent need to be paid? Hope its not too many questions just looking for advice in the hard times. Thank you in advance


Asked on 2/27/09, 10:12 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: landlord/lease

Depending on the rent, $25 a day may be deemed a penalty and not enforceable.

If lease is not signed you are a month to month tenant. And yes, you may be evicted.

Legally, you would have to move out upon a marshal or sheriff executing against a warrant of eviction issued by the landlord tenant court.

The landlord is entitled to money for use and occupancy of the apartment until such time as you vacate.

Mike.

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Answered on 2/28/09, 9:11 am


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