Super 30 years in illegal basement apt in small 10 unit brownstone no kitchen do i have any rights owner threatens eviction
please help... scared i will be homeless...
1 Attorney Answer
Best Answer
Dear New York Superintendent:
If you are not a "union" contract superintendent, you entered into the building as an employee and not as a tenant, and your period of employment is over, terminated or otherwise finished, amazingly, you have a lesser right to continue in the apartment (legal or not legal makes no difference) than a squatter.
A landlord does not even require the formality of a ten-day notice to quit for a fired superintendent (as the owner would need to get a squatter into court.) Following the end of employment, the landlord may start a summary holdover proceeding without need to serve a prior notice to quit or tenancy termination notice.
">>>11. The person in possession entered into possession as an incident to employment by petitioner, and the time agreed upon for such possession has expired or, if no such time was agreed upon, the employment has been terminated; no notice to quit shall be required in order to maintain the proceeding under this subdivision.>>>" - See more at: http://codes.lp.findlaw.com/nycode/RPA/7/713#sthash.ZKHVghvc.dpuf
Even were you a tenant, without a lease, the landlord would need only a properly served written thirty day tenancy termination notice to start a court case, whether the apartment is legal or not legal.
You may very well become homeless if you delay moving out on your own terms and wait for a NYC Marshal to execute a warrant of eviction, after the owner starts a summary holdover proceeding against you in NYC Housing Court.
If you are not a "union" contract superintendent, you entered into the building as an employee and not as a tenant, and your period of employment is over, terminated or otherwise finished, amazingly, you have a lesser right to continue in the apartment (legal or not legal makes no difference) than a squatter.
A landlord does not even require the formality of a ten-day notice to quit for a fired superintendent (as the owner would need to get a squatter into court.) Following the end of employment, the landlord may start a summary holdover proceeding without need to serve a prior notice to quit or tenancy termination notice.
">>>11. The person in possession entered into possession as an incident to employment by petitioner, and the time agreed upon for such possession has expired or, if no such time was agreed upon, the employment has been terminated; no notice to quit shall be required in order to maintain the proceeding under this subdivision.>>>" - See more at: http://codes.lp.findlaw.com/nycode/RPA/7/713#sthash.ZKHVghvc.dpuf
Even were you a tenant, without a lease, the landlord would need only a properly served written thirty day tenancy termination notice to start a court case, whether the apartment is legal or not legal.
You may very well become homeless if you delay moving out on your own terms and wait for a NYC Marshal to execute a warrant of eviction, after the owner starts a summary holdover proceeding against you in NYC Housing Court.