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Lease agreements(non-commercial) Rent, Utilities

Discussion in 'Living in, Use of the Premises' started by Darcel, May 6, 2016.

  1. Darcel

    Darcel Law Topic Starter Guest

    Jurisdiction:
    New York
    I have an existing lease under which rent my rent is $700, this lease has not expired. However, I live in an affordable housing apt. and the landlord has now required me to sign a new lease which would increase my rent to $1101 based article 8 of private housing law. I refused to sign the new lease and pay the new rent, however i have maintained paying the agreed upon rent under my lease. I have now received a termination notice. What are my rights/ remedies, if any.

    Thank you
     
  2. army judge

    army judge Super Moderator

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    You have the RIGHT to vacate the premises as requested.
    Should you choose to vacate, nothing further will transpire after your agreed upon departure has occurred.


    You have the RIGHT to refuse to vacate the premises as requested.
    Once the deadline given has passed and you remain in the premises, the real fun begins.
    The landlord will go to court, complete some forms, and initiate a formal eviction proceeding be held to cause your ejection from the unit.
    You'll be formally served a law enforcement official to appear in court before a judge.
    Time asses, six, eight weeks, court convenes.
    Landlord asks the judge to evict you because you refused to leave after being asked in writing.
    Fast forward, judge orders you evicted, but allows you a couple more days to get.
    You still have RIGHTS, so you stay.
    A few days later, armed law enforcement officials show up with a court order signed by that judge directing you to leave immediately, and your stuff will be tossed on the curb.
    If you resist the officers, you'll be arrested, and your stuff still tossed to the curb.

    As a result if you choosing to assert your rights, you'll lose a right to rent decent housing for decades.

    If I were you, I'd get to getting, before you get got!!!!
     
  3. adjusterjack

    adjusterjack Super Moderator

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    Where, in NY, are you?

    If NYC are you in a rent controlled apartment or not?

    If outside NYC, where?

    When IS the expiration date of your current lease?

    The answers to those questions could make a big difference.
     
    Michael Wechsler likes this.
  4. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Things get complicated when you start talking about rent stabilized apartments, rent controlled apartments and Section 8 housing. I'm not sure

    NYCHA - About Section 8

    It could also be this which applies to multiple dwelling units and I'm not sure whether the landlord is trying to force the tenant to pay more rent.

    Article 8 - (400 - 408) LOANS TO OWNERS OF EXISTING MULTIPLE DWELLINGS 403 - Occupancy.
     

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