New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1922-01-08
3O-Day Custer
Is Required for
Monthly Tenant
Appellate Cour, Holds Land
lord Cannot Sue for Use
of Premises Unless He
Had Issued a Warming
Bronx Rents Reported Up
Profitecrs Still at Work. but
Increased Costs Are Held
to Blame i'll MANY Cases

Protection for rent payers was given
in an opinion handed down yesterday
by the Appellate Term OF the Supreme
Court N Brooklyn. The court held
that a n,onth-to-month tenant must be
served by the landlord with thirty days
inmate tho tenancy and that the land
lord may not sue the tenant for use
and occupancy Of tho promises unlcs.
this notice has been given.
he opinion was written by Justice
Charles kelby ard concurrod in by
Justices Cropsey and Iazansky. The
case decided was brought before the
Appellate Division on an appeal from
The Municipal Court by Richmond
Weed, lawyer, OF l54 Nassau Street.
Manhattan, to recover $72i from Mat
they W. Carswcll, Weeds tenant at 81
Sanford Avenue, Flushing, Queens.
The original agreement or lease
having expired, the tenant holds over
by force of the statute in the absence
Of any new agreement said the opn-
ION. Even If the tenant makes a new
agreement he can attack the rent re-
served as unjust and unreasonable on
the first DAY that the rent accrues.
Under these circumstances there is no
necessity of the landlord notifying the
tenant that after the expiration of his
term use and occupancy will be at an
increased rate
Rule for Monthly Tenants
IN the case OF tenancies from month
to month, or monthly tenancies. a differ
'nt rule applies. Under the terms OF
Chapter 203, Laws of 1920 such a ten
ant. IN the absence of service of the
notice to quit therein provided for has
the right to occupy the premises for
another month at the same rent
II, therefore, landlord wishes to
sue monthly tenant or tenant from
month to month for use and occupation
or upon an implied agreement for an
increased rental he must serve the ten
ant with thirty DAYS notice stating
thft he elects TO terminate the ten
ancy in the absence of such notice
the landlord can recover from the ten
ant only the former monthly rent
agreed upon
Landlords in the Bronx are increas-
ing rents, according 10 Justice Peter
a. Shiel, of tho Municipal Court Of
bronx County. The same view was ex-
pressed by Justices Robitzeb. Seaman
and Morris The four justices said
they did not look for a decline in rents
m the Bronx for at least SIX months.
they agreed the landlords were not en-
tireiy at fault having been confronted
with increased costs.
PrOfiteers Still ODorot;irr
The prohteering landlord is still
With us, but his postwar methods are
dlferent, said Justice Shiel. "He is
not getting the increases he formerly
asked for, but he IS getting increases
all of the time, and his tenants are
forccd to help swell his profits"
Justice Shiel urged prompt action by
me Legislature on the amendments to
the rent law. II the laws were ex-
tended and strengthened, he said. a
break in high rents might be expected
pltnin six months.
When the Lockwood committee comes
to investigate housing conditions in the
Bronx, It was said by Martin Burke.
clerk Of tho I'd Municipal Court
figures would be submitted to show
nat despite the TACT that during the
asst Year tax exempt building to the
faluc Of S72.15O,7 39 were erected in
The Bronx. the tenants paid higher
rents than Il year ago.
The Tenement House COMMISSIONS
CURES show that in December. 1920,
apartments rented for IN average Of
S6.S3 Il room. At the close OF 1921 the.
rent for the same room reached SO So