QUESTION
can a landlord change from a lease apartmemt to a month to month lease after exceping the first month rent and security deposit and evict me 30 days
Asked on Aug 29th, 2012 on Landlord and Tenant Law - New York
More details to this question:
After finding my apartment and paying the broker's fee, one month rent and security deposit the landlord said he don't want to do a lease, but wants to rent month to month. He said no loud music, no smoking inside and no carpets due to wood floors. After living in the apartment 30 days he wants to terminate with a notice and without any reason. I had to fully clean the apartment by taking garbage out that was left behind by previous tenant and remove nail polish off the walls and floor of both bathrooms. Found a dead rat under the kitchen sink. The coating from the wood flooring comes up every time it's mopped throughout the house and he painted the stove vent with semi-gloss wall paint that could've caused a fire. The master bathroom cannot be used due to water always going downstairs. My mother who is 69yrs old and lives with also feels that he planned to do this from the begining as a rental scam. Can I sue the landlord and get my money back?
1 ANSWER
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If you have a signed one year lease signed by both parties, then you and you landlord are bound by contract and you would need to consent to the change in terms, he could not change them unilaterally. However, in order to evict you the landlord would have to take you to court if you have been there for more than 30 days. This really needs a full legal consultation as much of the information needed to decide your options would be contained in your lease agreement. Please consult an expert attorney in landlord tenant law.
Walter Jennings, Esq.
Answered on Sep 03rd, 2012 at 10:52 AM