What are a tenant’s rights reagarding late payment and eviction if they’re on a month-to-month with no lease?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are a tenant’s rights reagarding late payment and eviction if they’re on a month-to-month with no lease?
I lost my job a month ago paid $100 towards my monthly rent of $325 leaving a balance due of $225. The landlord has given me a 1 week notice to evict premises due to non-payment and has now decided that he will use my $100 towards a security deposit. I moved in with no security deposit requirement. By law do I actually have to vacate premises in 1 week as I have nohwere to go? Can he legally decide that he now wants to charge a security deposit? Doesn’t he have to go through proper legal channels such as a court?
Asked on October 13, 2012 under Real Estate Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
1) He cannot simply lock you out, but must evict you through the courts. If he does simply lock you out, that is an illegal eviction and you may have recourse against him (e.g. a lawsuit for monetary compensation; and/or to be reinstated in the premises, at least temporarily, until properly evicted).
2) If you have not paid all the rent due and owing, he could immediately file an eviction action against you--he does not have to wait, or give you a week's notice, but may immediately bring the action.
3) If there was no requirement for a security deposit, he may not turn your $100 into one.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.