Legal Question in Real Estate Law in New York

I have been living as a licensee with someone for almost 16 months. He has taken me to court to evict me. I made an oral agreement with this person to cook, bake, do his laundry, take out the garbage, etc in order to have aroof over my head. The co-op has been full od cockroaches for about 9 months. I have called 311 several and sent away for booklets to get rid of the roaches. The co-op is still cockroach full. Yesterday, he told the Housing Court attorney that I have no legal right to live there. Is this true? I have been there for almost 16 months. What can I do? Thank you. Eugenia Renskoff


Asked on 8/21/12, 12:24 pm

1 Answer from Attorneys
Philip Katz Fink & Katz, PLLC

Your oral agreement is probably not enforceable. As you indicate, you are probably a "licensee," which means if the landlord/owner follows the proper protocol, he can evict you. Whether there are cockroaches or not I do not believe will help you since this is not a non-payment proceeding where there is a valid lease, rather there is no lease and the landlord is seeking to terminate your month-to-month licensee status. I think you should start making plans for alternative housing and perhaps cut a deal with the landlord to give you the time to find a place and leave at a less hurried pace.

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Answered on 9/05/12, 6:47 pm


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