When a lease has expired (apartment) and the landlord does not send a new lease, can they tell you to leave right away or do they have to give you notice?
I can't speak for NY law, but in NJ, if the lease isn't signed to be renewed, it's assumed that it is, all terms intact, and your landlord CANNOT just kick you out without notice.
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Do you have any idea how much notice they're suppose to give?
What goes around comes around..don't forget it!
When I was a superintendent, we had one couple who's lease we chose not to renew. We gave them the same amount of notice they would have been required to give us if they were vacating, in that particular building, it was 45 days. The landlord called the tenants to warn them it was coming, and then sent them a Certified letter informing them of the date their lease expired.
Don't they usually take you to court first, and then if the ruling is in their favor THEN you get the eviction notice?
Again, can't speak for NY law, but in NJ, the eviction notice IS the court subpoena.
Another question regarding this topic. So my bathroom ceiling has been leaking for over a year now, they fix it, it leaks again, and this merry go round has been going on like I said for over a year. Right now, theres a gaping hole in my ceiling from where they took down a large piece of sheetrock to try to figure it out, its been like that for way over a month. They haven't fixed it. Everytime my neighbor upstairs takes a shower her dirty water leaks into my tub, thank god our shower schedules are completely different. They haven't sent the exterminator around in I can't remember how long, and because I live right next to the woods, I'm seeing mouse droppings in my apt (yes disgusting I know). I have reported this and they keep saying they'll send the exterminator but they don't. Here's my question, I feel like NOT paying any rent until they fix the ceiling, its a health hazard if you ask me. I keep calling and calling and I keep getting the same run around saying that they have to coordinate with the tenant above me and the one above her that we'll be home at the same time. How long can this possibly take to call 3 people and coordinate. If they take me to court for non payment of rent, what are the chances that a judge will find in MY favor for the complaints mentioned above. I'm afraid that the judge will rule against me and they'll throw me out, I know they want me out because if they get a new tenant and redo my place they can probably get at least $200 more in rent a month. I have had it with these people and don't know any other way to get their attention. I would move out today if I had the money, but unfortunatley I don't. Does anyone know anything about this legally or otherwise? What would you do in a situation like this?
You really should reread your contract for any clauses about maintenance on the landlord's part. If I were you, I'd call a lawyer or somewhere that gives free legal advice, so you can know more of what to do. Is there anyone else in those apartments that's having the same problems? The more people, the better chance of having some type of case. Don't put up with it. (and I'm also really sorry that you're going through that.)
I should really go to the girl upstairs and see what she has to say, she is having the same problem I think. It's disgusting knowing what I have to live through, they know it, but don't do a thing. I've had it now and want to do what I can to strike back, but not at the risk of being thrown out with a month's notice. As far as I know, all NY landlords have to comply and fix the problems that I am having.
I wouldn't recommend withholding rent in order to get the repairs made. Again, laws vary from state to state, but in NJ, that will not fly, unless you want the fast route to eviction. The way the law's written, it's basically 2 separate contracts. You are contracted to pay rent, your landlord is contracted to make necessary repairs, they are NOT contingent upon each other. On the flip side, your landlord cannot refuse to repair your apartment due to rent being in arrears.
In your situation, I'd start with pictures and registered letters. Do you have a landlord, or a management company? Start with them, send them pictures of the dirty shower water, the hole in the ceiling, the mouse droppings, whatever you have. Politely demand that the repairs be made promptly. Make sure that the repairs you want are the property owner's responsibility and not yours (sounds like they're his) by cross referencing this list. If you get no results, I'd contact the housing department, I think the people you need have contact info at the bottom of this page.
Most leases have directions as to what happens when the lease expires. Majority of the time it is converted to a month to month tenantship upon which the notice that is required to vacant (on your part or theirs) would prevail. I would check to see what your lease says. Regarding the fixer up things I don't know your specific state laws but NOLO Press makes really great books about legal stuff applicable to each state such as "Tenant Rights in California, New York, etc." I would do a search for one that applies to your state.
My lease expired in August and they didn't send renewal documents, and I didn't ask either, thats what also makes me nervous going to court. I have heard that they would have to give me at least 3 months to move because I have a young child.
Then you are most likely on a month to month basis which would only require 30 days notice on either of your parts to end the landlord/tenant relationship.
Here is a pamphlet I found that talks briefly of the repair issues.
I would send them certified letters letting them know of your problem and also about how many times you've contacted them about it, also write that if there isint any prompt attention to it you will hire someone to fix it and deduct it from the rent. , and if it still doesn't get done. Get someone to fix it and deduct the payment from the rent. and if they try to take you to court you can prove they were clearly notified about the problem and their neglection led you to fix it due to health hazards.
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