Q: i have lived in my apartment for 15 yrs. the apartment is part of a two family house in a residential area.
This year the lease is being revised and i was told i will no longer have access to the backyard. I have a greenhouse in the backyard and have always used the backyard. being its a two family house what are my right as to the use of the backyard? i have always had the use of it and part of the basement.
A:
Dear Huntington Tenant:
There may be several reasons the landlord decided to recover the use of the backyard and the basement. Perhaps the landlord wants exclusive use of the basement. Perhaps the landlord wants to use the greenhouse. Perhaps the greenhouse was an unlawful alteration to the property, and the landlord has violated the local building code. Perhaps your landlord wants to negotiate a license with you to use the backyard. Perhaps your landlord wants you to move out of your volition rather than spend money on a lawyer in an eviction proceeding.
New York State law does not mandate that a new lease is offered on the same terms and conditions as an expired lease except for rent-regulated tenancies. But New York State law does require that the landlord provide at least ninety days' advance written notification to you if you decline to accept the new lease that your tenancy is over. If the landlord does not do so, the old terms of the expired lease continue as before as a month-to-month tenancy until the landlord decides to end the tenancy and go for an eviction.
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