Legal Question in Landlord & Tenant Law in New York

Eviction

I rent a room on a weekly basis and my landlady asked me to move in 30 days. I am in my 70s and on a fixed income and told her I would move out as soon as I found a place. She has refused to accept rent payment and has threatened to call the City Marshals and have me removed. She also claims she feels unsafe around me since we have had two loud arguments about me moving out and she can have the police make me leave. Can she do that? What rights do I have since there is no lease and the 30 days has passed?


Asked on 11/29/08, 10:41 am

2 Answers from Attorneys
Carlos Gonzalez Gonzalez Legal Associates PLLC

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!

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Answered on 11/29/08, 10:54 am
Jason Kessler Law Offices of Jason B. Kessler, P.C.

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.

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Answered on 11/29/08, 3:00 pm


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