NYC residents know that there are many ways to rent an apartment or a house. While most people have a written lease, this is not always the case. Sometimes owners use more informal methods, such as.B. an oral agreement. What options do you have if you don`t have a written lease? Does your landlord have the freedom to change the terms of your tenancy agreement, including rent, at any time? If you live in a building that is stable or rent-controlled, there are laws that the landlord must comply with to increase the rent. If you live in an unregulated or market-compliant apartment, the landlord can increase your rent if you extend your rental agreement. However, you cannot violate the terms of your lease. Owners who violate the terms of a lease may be held liable. A lease is a contract, and if an owner violates the terms, he violates the contract. It is very common for landlords to harass tenants if they want them to move so that they can charge a new tenant a higher rent.
Even if you have an oral lease, you still have rights. Harassment of tenants is illegal. Tenants` lawyer Sam Himmelstein says an oral agreement remains a binding agreement. Depending on your specific circumstances, your landlord should not simply increase their rent. But it is important to know how the law applies to your situation. You may have heard that a contract involving real estate or a rental house, apartment or condo must be written, or that a court will not enforce it. That`s true in most cases. A contract for the purchase or sale of a house, condominium or cooperation unit, if it is only a “handshake,” does not mean anything at all, unless the agreement is signed on paper by both parties. However, a lease of no more than one year is an exception to this rule. So that means you can actually have an oral lease that a court will apply, and the agreement can be either month-to-month or for an entire year. However, in this market, you cannot always expect a new tenant to be available.
Keep in mind that if you have problems in fulfilling your oral leasing obligations, you may have legal rights. Talk to an experienced lawyer today to determine your rights and the best way for you to proceed. Does a landlord really have the legal right to make you responsible for paying an annual rent if you have never entered into a rental agreement? It still depends on the situation, but if you have orally agreed to a one-year lease, you cannot leave until the end of the year without risking to pay damages for the lease, as if it were written. The city offers free legal advice to tenants who are about to be evacuated – call 311 or click here for more information. You can also hire a lawyer to represent you in the apartment court if your landlord harasses you or threatens to pay the costs. It is a complex subject, especially if you have an oral agreement, and having a lawyer by your side is an advantage. In New York, leases can be entered into either in writing or orally. If a lease exists, then under the NY Real Property Law Sec. 220-238A, tenants have certain rights, such as the right to habitable housing, protection from illegal reprisals, and much more. There is a small “out” that could be helpful: if you move before the lease, the landlord cannot simply leave the place empty and expect you to pay the full rent, how many months remain in the lease.