How can I stop a landlord from destroying my property after an eviction?

[Care2HelpMe]

What is the name of your state (only U.S. law)? New York City

If a tenant is evicted from a property and the trial is still under litigation. What can be done to immediately stop the landlord from destroying the property that belongs to the tenant?

This landlord has proven several times to not abide by the law nor follow the courts decisions... yet nothing can be done regarding stopping him because when the police is called upon they don't comprehend all the legal aspects of it. Thus.. allowing the landlord to keep destroying the property.

I would like to know what can be done RIGHT NOW, to stop this. It hurts to see property damaged while waiting for court to do something about it. Is there anyone else that can be called upon to come look at what the landlord is doing and be able to stop him from destroying the tenant's property?

PLEASE HELP!

 

[acmb05]

What is the name of your state (only U.S. law)? New York City

If a tenant is evicted from a property and the trial is still under litigation. What can be done to immediately stop the landlord from destroying the property that belongs to the tenant?

This landlord has proven several times to not abide by the law nor follow the courts decisions... yet nothing can be done regarding stopping him because when the police is called upon they don't comprehend all the legal aspects of it. Thus.. allowing the landlord to keep destroying the property.

I would like to know what can be done RIGHT NOW, to stop this. It hurts to see property damaged while waiting for court to do something about it. Is there anyone else that can be called upon to come look at what the landlord is doing and be able to stop him from destroying the tenant's property?

PLEASE HELP!

Sue the bad man in court for all your damages.

 

[FarmerJ]

start taking pics of the damage too and if you ever catch him in the act on film RUN for the nearest place you can get your film proccessed and then to the police.

 

[BL]

Is this a residential or commercial rental ?

Have you already been evicted off the property ?


Document your belongings ( list of items , approximate worth used , any purchase receipts , plenty of pictures ) .

How is the LL is able to destroy your property , if eviction has not occurred .

If he is entering your property without proper notice or emergency and you catch him or can prove it , he is trespassing and can be arrested .

If you call the Law on illegal entry , request the LL be arrested for it . The least they could do is call him and warn him .


RIGHT TO PRIVACY

Tenants have the right to privacy within their apartments. A landlord, however, may enter a tenant's apartment with reasonable prior notice, and at a reasonable time: (a) to provide necessary or agreed upon repairs or services; or (b) in accordance with the lease; or (c) to show the apartment to prospective purchasers or tenants. In emergencies, such as fires, the landlord may enter the apartment without the tenant's consent. A landlord may not abuse this limited right of entry or use it to harass a tenant. A landlord may not interfere with the installation of cable television facilities. (Public Service Law §228) .



To evict a tenant, a landlord must sue in court and win the case. 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)


If the LL is destroying your property to try to force you out , give that section of the law to the police officers and insist they due their Duty and charge the LL criminally .