How long does a NYC landlord have to ask for back rent before eviction?

by: admin - December 24th, 2011   Filed under: Questions & Answers Add Comment

Question by Jess T: How long does a NYC landlord have to ask for back rent before eviction?
I have a friend of mine going through an dilly of a perdicament. She has been living in a rent stabilized unit for 10 years on the Upper West Side. Recently she received an eviction notice saying that she owed back rent from 1999.

They asked her to furnish proof of payment but could not (who keeps receipts that long?) So does anyone know anything about tenent law and if this is even legal? The total of monies they claim she owes is 00 – a pitance I know, but still – can they evel legally evict her for that?

Best answer:

Answer by bostonianinmo
She should consult with an attorney, or speak to the tenants’ rights folks at City Hall.

A debt that old may be uncollectible. Additionally, time is of the essense in eviction cases for non-payment of rent so something that old is not likely to be enforceable even if it is valid and collectible.

Most likely the landlord is trying to kick her out so that he can raise the rent. Such tactics are illegal in NYC though some sleazy landlords will still try.

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Can I sue my landlord for back rent for illegal garage conversion?

by: admin - December 8th, 2011   Filed under: Questions & Answers 10 Comments

Question by kaneika: Can I sue my landlord for back rent for illegal garage conversion?
I live in San Bernardino, CA and my landlord recently showed me a letter he received from the city’s building committee. I have been living in the unit for a year and I didn’t know he didn’t have the permits and the place I have been living is illegal. Can I sue him for back rent?
HE said I have to move out immediately, can I sue him for moving costs?

Best answer:

Answer by BATMAN™
no

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Q&A: Can my landlord sue me for backrent without a lease and he is forecloseing on his house or quick sale?

by: admin - May 30th, 2011   Filed under: Questions & Answers 1 Comment

Question by ME: Can my landlord sue me for backrent without a lease and he is forecloseing on his house or quick sale?
We have lived in my home for over 7yrs, we are getting letters on the door from he mortgage company and it’s to the collections department. We do owe him when we had hard time but have paid him faithfully for well over a year and have given him alot of money like 1000 here 2000 there. He finally called us back after we confronted him about the notes which we have been getting since Dec, Jan. There is over 40,000 worth of work to be done with this house, he has a realtor and she told him the house is not worth saving so he is tring to quick sale or foreclose. He also said he is putting our money that we give him in an escrow account which I don’t believe at all. We do NOT have a signed lease just a verbal agreement. We did find another home and we are moving to get away from the mess. My boyfriend is wanting to pay double rent for a couple of months to help him out, fix the place up so he can sell, now remember the landlord lives in Florida and we live in Indiana. I think it’s really crazy to pay him rent when we won’t live here. Can he sue us for back, I couldn’t even tell you how much it is. I believe we are being used for money because according the bank he isn’t making payments. Am I wrong for just leaving or help him out?

Best answer:

Answer by Ryan M
The fact that the house is in foreclosure is irrelevant. The fact that you “believe” he is using you for money and not paying the mortgage is ALSO irrelevant. You are under no obligation to “help him out”, however you are obligated to pay rent for EVERY day that you lived in his house. His financial troubles DOES NOT entitle you to free rent…..period.

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i didnt give my landlord a 30 day notice. do i get my last month`s rent back if it is unused?

by: admin - May 30th, 2011   Filed under: Questions & Answers 5 Comments

Question by aninha1121: i didnt give my landlord a 30 day notice. do i get my last month`s rent back if it is unused?
i wasnt planning on moving out, but i found a great apartment a week before the end of the month..so i told my landlord i was moving out. i didnt owe him any past rent and when i moved in i gave a last month’s rent..since i didnt use it, do i get that money back?

Best answer:

Answer by deviousdevelopment
Not necessarily. It depends on a couple of things:

1. If your lease states that you forfeit the deposit if the lease is broken then you will not receive anything back

2. If your lease does not state this then the manager should be trying to rent out the apartment as soon as possible. Should he or she rent it before the end of the next month you should be entitled to the prorated portion of the rent.

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