Eviction - Nassau County, NY

RAGING_BULL · #1 10-05-2008, 02:17 PM

My landlord received a violation from the town Article 7 stating she has an illegal multiple dwelling on her premises. She in turn told me she wanted to remove my stove so that she can avoid penalties. When I denied her grant she told me that me and two children had 30 days to move, which was the end of august. When I did not pay rent for sept. because she said I had 30 days she said she was keeping my security deposit. The other day her husband tried to enter my apartment with not notice and said because he owns the house he can enter with his key. I called the police but they only mediated and would not give me a police report. The landlords in turn gives me a self typed 30 day notice saying to vacate the property and termination of tenancy. Today they give me a five day notice for me to vacate or they will seize control of the premises. There was a lease but I didn't sign it because there were some discrepancies in it and she crossed out a lot of things and hand wrote things and I requested a revised lease that was all typed. Unfortunately, I didn't read this agreement before I paid my 1 month and security but I continued to pay rent accordingly and have all receipts (check) as proof? Can they lock me and my two children out 8 yrs and 6 mos. What recourse can I take? Are there any laws or legal docs that I can file as a tenant. I live in Nassau County, NY.

indio007 · #2 10-05-2008, 02:29 PM

Put up a no trespassing sign. When they try and enter call 911 and report an unwanted person. Only a sheriff can force ably evict people and they need an execution order.

RAGING_BULL · #3 10-05-2008, 02:36 PM

Thank you for your reply. But with this five day notice they taped to my door they are saying they will seize my property. I don't get it, first she gives me 30 day notice on Sept 30 and today Oct 5 she says I have five days. The police wouldn't give me a police report stating this is a civil matter. Im afraid that she and her husband will lock me out. My daughter is a baby, so her milk and such will be locked out as well and I usually am gone during the day. Because they don't have a CO Certificate of Occupancy they are trying to strong arm me. I have multiple voice messages and with regards to me calling the police my only evidence is when 911 called back because I hung up, I have that on my voice mail as well.

Shoonra · #4 10-05-2008, 03:26 PM

They own the property. You are a tenant at will. You did not sign a lease, and by your own account you refused to comply with instructions from the landlord which were given pursuant to something insisted upon by the housing authority. Moreover, since the housing authority says that it was illegal for the landlord to rent to you at all, you can hardly insist on remaining a tenant in the face of a higher authority.

You were given 30 days back in August, and that time is up.
I do not believe you can win in court. Not even if you take advantage of whatever mistakes the landlord made, because, as the housing authority said, the landlord shouldn't have allowed you in to begin with. Not only can you not win, but there is a definite possibility that the court will insist that you reimburse the landlord for the extra time and any damage to the premises.

I suggest you pack up and move out as congenially and efficiently as possible, because it appears that the landlord will not make further monetary demands on you if you do that.

Other people on this thread will undoubtedly advise you differently; ask them if they will replace for you any property that's lost or damaged if you are forcibly evicted, and if they will pay whatever damages or fine a court might impose on you.

RAGING_BULL · #5 10-05-2008, 05:19 PM

Thank you shoonra ..... but how familiar r u w LI nassau county laws.

I was never given a 30 day notice in Aug. they clearly stated that I would have time and they would also pay my brokers fees under the cir***stances.

Most correspondence has been in writing. My question of legality was..if I was given a 30 day notice on 9/30 and my rent is due on the 30th of each month) which stated I have until 10/31 but today she gives me a 5 day notice.

This cant be legal. Especially with children involved.

They have a general obligation and upon my research I am noticing numerous violations that will be responsible for Law § 5-702; NY C.P.L.R. § 4544, there was a request made for a revised lease dated 3/31/08 and they did not comply. Also they have violated Real Property Law §237, Penal Law § 241.05, Code 27-§ 2046.1; Exec. Law § 378. 42 U.S.C.A § 4851; NYC Admin. Code § 27-2056, NYC
Health Code § 131.15. Real Property Law § 223-b and a host of other laws that I have recently become aware of.

indio007 · #6 10-05-2008, 05:33 PM

Shoonra knows that you need adequate notice to evict. You might not prevail in court but this is obviously taking things into there own hands.

Normally a landlord must give 24-48 hours before entering your dwelling. They can not just throw your **** in the street whenever the notion passes there mind.

Here's some info for you I guess if you want to go the "legal" route

This should make you feel a little more confident

Residential Landlord/Tenant Guide
OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL
April 1996 edition

Quote:

Eviction

Following appropriate notice, a landlord may bring a summary non-payment court proceeding to evict a tenant who fails to pay the agreed rent when due and to recover outstanding rent. A Landlord may also bring a summary holdover eviction proceeding if, for example, a tenant significantly violates a substantial obligation under the lease, such as using the premises for illegal purposes, committing or permitting a nuisance, or staying beyond the lease term without permission. (RPAPL §711)

Only a sheriff, marshal or constable can carry out a court ordered warrant to evict a tenant. (RPAPL §749) A landlord may not take the law into his/her own hands and evict a tenant by use of force or unlawful means. For example, a landlord cannot use threats of violence, remove a tenant's possessions, lock the tenant out of the apartment, or willfully discontinue essential services such as water or heat. (Real Property Law §235) When a tenant is evicted, the landlord may not retain the tenant's personal belongings or furniture.

A tenant who is put out of his/her apartment in a forcible or unlawful manner is entitled to recover triple damages in a legal action against the wrongdoer. Landlords in New York City who use illegal methods to force a tenant to move are also subject to both criminal and civil penalties. Further, the tenant is entitled to be restored to occupancy. (RPAPL §713, §853)

Shoonra · #7 10-05-2008, 05:36 PM

About the 30 day allowance, you said:

Quote:

When I denied her grant she told me that me and two children had 30 days to move, which was the end of august. When I did not pay rent for sept. because she said I had 30 days she said she was keeping my security deposit.

As for the rest of it, as I said, you won't be able to take advantage of your landlord's amateurish mistakes ... because the housing authority told him he couldn't rent out those rooms anyway. And, if he didn't rent them out to you in the proper way, I don't see a court ordering him to rent out to you when the housing code evidently says he cannot rent out to anyone.

Apparently there is a local zoning ordinance about neighborhoods that are allowed only single family homes, and others that are allowed to share a house. This ordinance may well be the deciding factor. Apparently the housing people told your landlord that he cannot pretend that you are part of his family as long as you have a separate kitchen; so he told you to get rid of the stove so he could pretend the whole crowd is one big family and you could stay. You wouldn't help him keep up that pretense. He tried to enable you to stay but you wouldn't play along. So let's not be too hard on your landlord.

mrg · #8 10-05-2008, 05:43 PM

Shoonra is correct.

You should have gotten rid of the stove.

Shoonra · #9 10-05-2008, 06:48 PM

Michael Glenn agrees with me.
This is a sure sign of the Apocalypse!

Livefire · #10 10-06-2008, 12:11 AM

Irregardless of the cir***stances, if the landlord locks you out or takes control of your stuff, they are in violation of the laws and can be sued. The landlord has to take you to court and get the order and then have the local gendarmerie execute the writ.

Shoonra is right, you cant win in the long run and stay, but the landlord isnt allowed in the words of the code to take the law into their own hands. Try to get a hold of a renters rights group and get some advice and they might be able to help you get into another place. Local churches and other agencies can also help you get emergency shelter for your family.