Legal Question in Real Estate Law in New York

I received and eviction notice on Sep 1, a day after my lease expired. I did not receive a civil notice or go to court on the matter. The dispute was that I owed over 2 months rent. I intended to move and leave them a forwarding address so I can continue to handle the matter. On Sep 13 I received a notice from the Marshal on my door and my lock was changed. I was then charged for Septemebers rent. I viewed NYS real property law, and Section 232-c states that the landlord can evict me OR accept rent for the month. If they accept rent then I would become a month to month tenant, but I was evicted. Can they add Septembers rent to my debt if I was evicted? Also can I be evicted without ever receiving a notice to appear in court?

Asked on 9/16/11, 7:43 am

Michael Markowitz Michael A. Markowitz, PC

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Can they add Septembers rent to my debt if I was evicted?

A. Yes.

Also can I be evicted without ever receiving a notice to appear in court?

A. No.

Mike.

Answered on 9/16/11, 9:08 am

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