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  1. #1
    Join Date
    May 2011
    Posts
    21

    Default Do I Have the Right to Demand a Lease

    My question involves an eviction in the state of: New York

    I have been late on my rent for money issues since November on a month to month agreement. Money is just extremely tight right now. Landlord has been working with me but is threatening me with a 3 day notice. I plan on paying her today and the rest tom. She also wants me to sign a document saying that I have to pay the rent by the 1st of each month or I have to be out, which is understandable. However, do I have the right as a month to month tenant to tell her I need some sort of lease instead of a month to month agreement?? I've been there for 3 years and this is the first period where I have been late or any type of problem with the rent. Plus we had an incident about 1 1/2 years ago where she threatened me with a 3 day notice due to a problem with our toilet and we said I would pay to have a plumber come out to the house and just take the money off the rent. She told us including my 4 year old daughter to go in a bucket instead until she or her grandson could make it out to our house in the next day or two.

  2. #2

    Default Re: Do I Have the Right to Demand a Lease

    Quote Quoting Jens_50
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    do I have the right as a month to month tenant to tell her I need some sort of lease instead of a month to month agreement??
    You can ASK. She's under no obligation to GIVE. If you're living somewhere you can't afford, and you and the landlord aren't seeing eye to eye on a lease, it's time to start looking for a place you can afford, and for a landlord willing to give you a lease.


    I've been there for 3 years and this is the first period where I have been late or any type of problem with the rent.
    The past is the past. If there's a problem now, then there's a problem. You could have 50 years of on time rent payments, and the landlord could still seek eviction if the rent isn't paid as agreed next month. The landlord has the right to expect the whole rent, on time, every time.


    Plus we had an incident about 1 1/2 years ago where she threatened me with a 3 day notice due to a problem with our toilet and we said I would pay to have a plumber come out to the house and just take the money off the rent.
    And yet, you've continued to stay for another year and a half when you didn't have to (since you have a month to month agreement). Actions speak louder than words in court, and if you didn't take any action on this issue over a year ago, the court isn't going to care about it now.

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