Q: What to do when landlord has refused to respond to a tenant and do no repairs,yet sends a quit amounts of rent not owed
I live in a home that is supposedly 2 apartments,my son lives on the otherside of me,the landlord has decided to send him and i notices to quit,each for$ 23.000
That would equal 46000 all together, now hes served court papers to evict my son,and not me,yet jes never talked to me or made any agreement with me,i dont know what to do,he has outright avoided me, neglected repairs,and harrassed me,also stole personal property
I receive ssi,and ssd,he discriminates by saying im disabled ,walks past me as if im not there,and does what he wants,i feel afraid that if he succeeds with his illegal eviction,he will harrass,anoy and cause me more undo stress knowing my income is limited and im unable to move right now
A:
Dear Elmira Tenant:
Rent is a debt to pay to a landlord only when a rental agreement exists. A rental agreement may run month to month. Still, no landlord will find a judge ready to believe that both tenants in the two-family house simultaneously continued to live in the building without paying the landlord an equal amount of rent and without a lease.
However, a New York State landlord remains entitled to end a long-duration tenancy for no reason at all just by properly informing the tenant ninety days before the day to vacate with a written notification that the tenancy is ending.
You are likely entitled to free legal services. It seems that you and your son may have good defenses based on retaliatory eviction. https://www.nysenate.gov/legislation/laws/RPP/223-B
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.
