evicted - long island

[jogirl3]

What is the name of your state? new york

the county received an anonymous complaint about an illegal apartment in the house (single-family home) we are renting. county wanted to see the basement but landlord said he does not have keys, that we (the tenants) do, which is a lie. his apartment is in the basement. county said he has 1 month and they will come back to inspect. now landlord has (last night) evicted us, telling us we have 1 month to leave.
(right before inspection) we have a lease and have never been late on rent, or other problems.
do we have to leave one month from yesterday or 1 month from the date of the next rent due date?
what can we do, if anything?

also, we found the house through a real estate agency

 

[acmb05]

What is the name of your state? new york

the county received an anonymous complaint about an illegal apartment in the house (single-family home) we are renting. county wanted to see the basement but landlord said he does not have keys, that we (the tenants) do, which is a lie. his apartment is in the basement. county said he has 1 month and they will come back to inspect. now landlord has (last night) evicted us, telling us we have 1 month to leave.
(right before inspection) we have a lease and have never been late on rent, or other problems.
do we have to leave one month from yesterday or 1 month from the date of the next rent due date?
what can we do, if anything?

also, we found the house through a real estate agency

So the landlord is the one in the illegal apartment in the basement and you are renting the home?

 

[jogirl3]

yes, we rent the house. when we started renting he said he had an office in the basement that he barely uses. After a month it became a "hangout" spot, then he started staying there on the weekends, then longer. it's a full apartment down there.

 

[acmb05]

yes, we rent the house. when we started renting he said he had an office in the basement that he barely uses. After a month it became a "hangout" spot, then he started staying there on the weekends, then longer. it's a full apartment down there.

If you have a fixed term lease he can't kick you out because he is using the illegal apartment downstairs.

 

[BL]

Tell the Landlord you will follow the law and your lease .

 

[Alaska landlord]

I'm not buying the anonymous call bit, but your termination of the lease does appear to be in retaliation for you turning him in. He has no case for eviction, but don't expect your lease to be renewed.

 

[HuAi]

Are you on a fixed term lease or month to month?

 

[jogirl3]

month to month

 

[BL]

month to month

http://www.oag.state.ny.us/realestate/tenants_rights_guide.html

Also , see eviction .....

MONTH-TO-MONTH TENANTS
Tenants who do not have leases and pay rent on a monthly basis are called "month-to-month" tenants. In localities without rent regulations, tenants who stay past the end of a lease are treated as month-to-month tenants if the landlord accepts their rent. (Real Property Law § 232-c)
A month-to-month tenancy outside New York City may be terminated by either party by giving at least one month's notice before the expiration of the term. For example, if the rent is due on the first of each month, the landlord must inform the tenant by September 30th before the October rent is due that he wants the tenant to move out by November 1st. The termination notice need not specify why the landlord seeks possession of the apartment. Such notice does not automatically allow the landlord to evict the tenant. A landlord may raise the rent of a month-to-month tenant with the consent of the tenant. If the tenant does not consent, however, the landlord can terminate the tenancy by giving appropriate notice. (Real Property Law § 232-b)
In New York City, the landlord must serve the tenant with a written termination giving 30 days notice before the expiration of the term. The notice must state that the landlord elects to terminate the tenancy and that refusal to vacate will lead to eviction proceedings. (Real Property Law § 232-a)

 

[jogirl3]

thanks for the help