Brooklyn, NY asked in Landlord - Tenant for New York

Q: Can a landlord evict me because we had an argument about the heat which is included in the lease and he wasn't providing

Now he gave us a 90 days notice which is done already?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: I'm sorry to hear about your situation with your landlord. It sounds like a frustrating and stressful experience.

The specifics of landlord-tenant law vary by location. In general though, a landlord cannot legally evict a tenant in retaliation for the tenant exercising their legal rights, such as requesting repairs or services that the landlord is obligated to provide under the lease agreement. Heat is typically considered an essential service that must be provided.

However, if you are on a month-to-month lease, the landlord may be within their rights to terminate the tenancy with proper notice (often 30-60 days depending on the state) even without specific cause. But they cannot do so in a discriminatory way or in retaliation.

Since you mentioned the 90-day notice period has already passed, here are a few suggestions on potential next steps:

1. Carefully review your lease to understand your rights and the landlord's obligations. See if there is any language prohibiting retaliatory actions.

2. Document all your interactions and communications with the landlord on this matter in case you need records later on. Keep copies of repair requests, notices, etc.

3. Consult with a local tenant's rights organization or housing attorney to better understand your options and rights as a tenant in your specific location. Many cities have free legal aid services for housing issues.

4. If you believe the eviction is unlawful retaliation, you may be able to fight it in court. You'll likely need legal representation to do so.

5. Start making alternative housing plans in case you do need to vacate. But don't feel pressured to leave before understanding your rights.

I know it's a difficult situation but don't give up. Seek out some local legal guidance from housing experts to understand your full options. Wishing you all the best and I hope you're able to resolve this favorably.

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