What are a tenant’s rights reagarding late payment and eviction if they’re on a month-to-month with no lease?

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What are a tenant’s rights reagarding late payment and eviction if they’re on a month-to-month with no lease?

I lost my job a month ago paid $100 towards my monthly rent of $325 leaving a balance due of $225. The landlord has given me a 1 week notice to evict premises due to non-payment and has now decided that he will use my $100 towards a security deposit. I moved in with no security deposit requirement. By law do I actually have to vacate premises in 1 week as I have nohwere to go? Can he legally decide that he now wants to charge a security deposit? Doesn’t he have to go through proper legal channels such as a court?

Asked on October 13, 2012 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

1) He cannot simply lock you out, but must evict you through the courts. If he does simply lock you out, that is an illegal eviction and you may have recourse against him (e.g. a lawsuit for monetary compensation; and/or to be reinstated in the premises, at least temporarily, until properly evicted).

2) If you have not paid all the rent due and owing, he could immediately file an eviction action against you--he does not have to wait, or give you a week's notice, but may immediately bring the action.

3) If there was no requirement for a security deposit, he may not turn your $100 into one.


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