Questions on the eviction process for the tenant.

[StaceyTudman]

What is the name of your state (only U.S. law)? New York

Hi, I'm sure you all get these types of problems all the time, but I need some clarification for something. I'm going to have a long post because I want you to have all the details here.

So my name is Stacey, and my boyfriends name is T.J. just so we can get names straight to prevent confusion.
T.J.s father's name is Thomas and he has a companion named Joselina.

A year ago, Thomas asked TJ and I if we wanted to take over his house because he wanted to get into assisted living, and if he did so, the place he was looking into would somehow gain ownership of his house. It was agreed between Thomas and TJ that Tj gives Thomas $2,000 to cover back taxes on the house, and that would be it. Thomas would leave in a month and transfer ownership to TJ. We do not pay rent, as he was going to give us the house as a gift of sorts. TJ never got a receipt for that $2,000, and there is only a contract in the works at this point.

That never happened, but we coexisted for a while. Eventually, Thomas moved in with Joselina in her own place, and kept telling TJ and I that he was working on transferring the house into his name. Meanwhile we're paying taxes, insurance, all house bills on our own. We even bough a dog, a happy home.

So two days ago, Thomas told TJ that Joselina cannot afford the apartment she is in now. She was looking at a one bedroom apartment, but Thomas and Joselina sleep in different rooms, so that wasn't an option.

Thomas says he wants Joselina to come back and live in the house we're in with him, and that we can't all be together because he can't handle the dog shedding due to his OCD about cleanliness. He has therefore told us we have to leave by July 1st.

We have not received anything in writing, just been told by him.
We have been struggling lately because TJ doesn't work right now, so I have no money for a security deposit elsewhere. Potentially, we can both go to our respective mothers' home in the meantime, but I don't want to do that if I have rights to stay.

I feel there is something illegal here, can he really just boot us by saying so? Can he really just make us go because he doesn't like dog hair? What happens if we don't leave? Can he just lock us out? What are my rights? Can someone help me please? What steps need to be taken on both sides?

 

[STEPHAN]

The house was never gifted. (That it was "promised" is irrelevant.)

There was some kind of agreement that you pay the cost and are allowed to live there despite the house not being transferred yet.

There is no rental contract.

Where exactly did you get the notice?

I know that New York requires a notice 30 days prior to the next rental date, but I am not sure how this date would be handled if you do not formally pay rent. So it could be that you have one more month.

 

[StaceyTudman]

The house was never gifted. (That it was "promised" is irrelevant.)

There was some kind of agreement that you pay the cost and are allowed to live there despite the house not being transferred yet.

There is no rental contract.

Where exactly did you get the notice?

I know that New York requires a notice 30 days prior to the next rental date, but I am not sure how this date would be handled if you do not formally pay rent. So it could be that you have one more month.

he just told TJ two days ago. But right, if there was an agreement, doesn't that allow us to stay? What of that $2,000? Can we make him return it within a set amount of time, and if we don't get it we can do something or come back?

He told TJ he would try to give it back IF his disability ever comes through. That was basically our purchase of the house, it just doesn't seem right here....

 

[Ohiogal]

he just told TJ two days ago. But right, if there was an agreement, doesn't that allow us to stay? What of that $2,000? Can we make him return it within a set amount of time, and if we don't get it we can do something or come back?

He told TJ he would try to give it back IF his disability ever comes through. That was basically our purchase of the house, it just doesn't seem right here....

That $2000 was rent. Real estate transfers of which you speak MUST be in writing.

 

[BL]

You are month to month.

However,you might be able to sue once you are out for back taxes you pd.,or the court may consider that rent.

You made a mistake of not getting your contract in writing.

If in NYC,you can not be booted to the street.The landlord could be arrested.

http://www.ag.ny.gov/sites/default/files/pdfs/publications/Tenant_Rights_2011.pdf

http://www.housingnyc.com/html/resources/attygenguide.html#1

http://www.housingnyc.com/html/resources/attygenguide.html