Legal Question in Landlord & Tenant Law in New York

Threat of eviction

I rented a 2 bdrm. apt. from my landlord for 2 years. He knew I had animals and agreed to them. I could no longer afford the rent, so he said I could move to the basement apt., which is an illegal apt., and would have to pay him in cash. He re-rented the 2 bdrm. apt. to tenants with 2 cats. He now wants me to get rid of my cats (3)! He says he will put my belongings out and change the locks if I don't comply. Is this legal? Do I have any recourse? Should I take him to court? Thank you for your help.


Asked on 11/21/07, 8:58 am

2 Answers from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Threat of eviction

If you live in NYC, you and your cats are protected by Pet law which states, in summary, that if the landlord knows you have pets and does not serve you with a summons for eviction WITHIN 90 days, he has waived his right to do so.

Do not get rid of your cats.

If he changes the locks on you he will be liable to you for wrongful eviction.

Be strong and stand your ground by exercising your legal rights.

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Answered on 11/22/07, 12:12 pm
Steven Czik CZIK LAW PLLC

Re: Threat of eviction

He cannot put your belongings out, that is ilegal. If he does you can call the police and they will force him to let you back in. The only way you can be legally evicted is if he takes you o court and obtains a judgment & warrant of eviction. This area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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Answered on 11/21/07, 11:59 am


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