Legal Question in Real Estate Law in New York
Eviction?
I was living in an apartment with 4 other students and we were late on rent. We had a one year lease that was up at the end of this month, and 15 days prior to the end of the lease the landlord told a housemate we were evicted. No legal papers have been presented to any of us to date. As a student I was home and not at the house i was renting, and I never recieved this news. When i went to clear out the rest of my belongings a week later, i found the locks changed, and my possessions either thrown our or confiscated by the landlord. Is this legal, and if not, what actions can I take? Should I pay the remaining rent I owe, or hold it until this is resolved? What about the security deposit?
1 Answer from Attorneys
Re: Eviction?
Q. Is this legal
A. No. It is not legal. Although a landlord may commence an action for an eviction, only a Sheriff may execute on the Warrant. Under NY law, you would have received a 72 hour notice from the Sheriff.
Q. What actions can I take?
A. You must quantify your damages. In other words, list what has been taken and the cost to replace the item. If you have to purchase replacement items, keep the receipts. If you have to move to a more expensive apartment, pay with a check or receive a receipt from the landlord demonstrating payment.
Q. Should I pay the remaining rent I owe, or hold it until this is resolved? What about the security deposit?
A. There is some law that to obtain relief from a contract you have to demonstrate full performance. However, under the law you are not expected to give additional funds toward the individual that materially breaches a contract. I would suggest that you do not give the landlord any more money. The issue of the security deposit will be included in your request for damages.
Mike.
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