Legal Question in Landlord & Tenant Law in New York

Re: Eviction

You may ONLY be evicted by a court order, from any rental unit... If there is ANY attempt to evict you in any other way it is illegal, and what is called self help eviction...

Allow her to threaten all she wants but without taking you to court and getting a judges order you can not be legally forced to leave.

Much luck!

Re: Eviction

You don't have to leave now. However, you should be actively looking for another place. Eventually, the landlord will bring a landlord tenant action. In order to bring this action the landlord has to serve the 30 day notice (if this is NYC). Then she will have to get a lawyer to bring a holdover action.

When you get to court ask for an adjournment the first time to get a lawyer. At your second appearance try the case and explain the situation to the judge. You will definately lose but the judge will probably give you another month before he orders a warrant of eviction.

With this strategy you will have bought yourself another 3 to 4 months in the apartment.

Also, if you weren't served the 30 day notice you could go to court and have the judge dismiss the case. That should buy you another 2 months until the landlord brings another eviction action.

The name of the game is stall, baby, stall however, continue to pay rent.