Q: What are tenants' rights with no lease in Flushing that are being evicted this month? Rent was always on time.
The rent was just increased again and tenants agreed, but asked for a couple of basic repairs, which landlord said no to because he couldn't afford it. I suspect it's not a legal rental too.
A: Tenants have numerous rights but some vary depending upon the the size of the building and whether the tenancy is rent-regulated. If an apartment is not rent-regulated and a tenant does not have a lease, the landlord has the right to terminate the tenancy and seek to recover the apartment through a holdover proceeding in Housing Court. Think of it as a no-fault eviction. However, even in this scenario the landlord has to follow a number of rules to successfully obtain a judgment of eviction that allow a Marshal to evict a tenant. If the landlord has a lawyer, it is a good bet you would benefit from having an attorney too.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
