Legal Question in Landlord & Tenant Law in New York
Threat of eviction
I have an oral agreement with my landlord and have lived in my apartment for a few months now, I told him before I moved in that my little sister will stay with me occassionally. Last night he told me he is increasing my rent because my 5 year old sister stays with me when my mother is at work. My mother drops her off at 10pm when she works and pick her up at 7am. I have to agree to pay more or move out and am not allowed to have my friends over anymore. Is this legal or am I protected under the fair housing act.
1 Answer from Attorneys
Re: Threat of eviction
If you reside in the apartment as a month to month tenant (no written lease), the landlord has the option of terminating your lease on 30 days notice.
In effect, the landlord is terminating the lease and requesting a lease with new conditions (increase in rent). However, the termination of the lease must be a full calendar month. Therefore, to terminate (or change the terms) of the lease would occur on November 30, 2008.
Mike.
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