Legal Question in Landlord & Tenant Law in New York
Eviction
I became ill and had spinal surgery in May 2006; and I had to stop working. I receive 26 weeks of temporary disability from my job. When that ended in August I had to apply for public assistance. This only pays 1/4 of my rent. I also applied for social security (In June) which is still being review. I am now 5 months behind in my rent (I have been paying a little at a time) which doesn't mean a lot when the monthy rent is $1,200. I have been depending on social secuity to come through so I can pay the rent, my hospital bills etc. The end of December the landlord placed an eviction notice on my door to move out by January 31st. I went to civil court to get advice and they said this is the first step; if they see I don't leave they will take me to court and by then if I get social security beneifits I can pay it in court but not before. My question is can they get a relative to throw my stuff out on the 31st and if I get money before then should I pay them. In addition they used my married name on this paper which is just typed from the computer. It's not from the courts. I have been using my maiden name for 9 years now. Should I send them a letter saying I'm not leaving I have no where to go/take me to court?
1 Answer from Attorneys
Re: Eviction
No, they can not throw your stuff out on 31st (illegal). After the 31st they will have to serve you w/ eviction papers and you'll get a court date w/i 1 week.
You go to court and explain all to Judge and ask for more time.
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