Q: Hello, after renting apartment for almost 6 years in NY my landlord is demanding addition security payment.
We have been renting since Super Storm Sandy, paying on a weekly basis, we had a rent increase that our landlord hit us with and had to pay retro increase and current rent. We have just evened up with him with a negitive balance and now he is demanding a additional sercurty deposit. We cannot afford this and he is threatening us with eviction if we do not agree. I have my wifes elderly parents with me , one that has terminal cancer and my wife is disabled with cerebral palsy. Moving at the time is not an option. Please share your thoughts. Thank you , Joseph H. Nassau County NY
A: Unless you are in a rent-regulate apartment or have the protections of a current lease, the landlord is largely free to request any rent increases or other changes to your tenancy. However, a tenant certainly does not have to agree to these requests by the landlord. If the landlord and tenant cannot come to an agreement, the landlord is free to start a Holdover Proceeding to evict the tenant from the rental unit. Unfortunately, the illness of a tenant or a member of the tenant's family does not act as an absolute bar to an eviction. Once the landlord receives a judgment of possession, the maximum time the Court may stay an eviction is typically six (6) months and usually only if the tenant pays for the time in occupancy.
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