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How soon to evict me?

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

If I can't find a new apartment, and my current lease runs out, how soon would the current landlord be able to forcibly evict me? I have the ability to pay, I just don't have a formal lease beyond 08/31/2010.
 


Banned_Princess

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

If I can't find a new apartment, and my current lease runs out, how soon would the current landlord be able to forcibly evict me? I have the ability to pay, I just don't have a formal lease beyond 08/31/2010.
Can you please keep your questions in one thread.

Why cant you sign another lease with your current landlord. ? What does the lease say about the experation of the lease? does it auto renew, does it go month to month? have you spoke to your LL?

What county / borough are you in?
 
Hey Thanks for your responses. I gave me landlord 60 days noticed that id be vacating the apartment.

Honestly, I'm not even sure what the lease states about me not vacating when I said I was.

He offered me a renewal, but I want to find something cheaper. I have income but like I said my app was rejected for the other one.

I reside in Kings county, Brooklyn, NY in a rent stabilized apartment.
 

Banned_Princess

Senior Member
ok, lets just be clear here, that you are **SURE** it is a rent stabilized, not a rent controlled.

http://www.housingnyc.com/html/resources/faq/rentstab.html
 
Hey, Yes it is def. rent stabilized, so they must have to give me some notice before they forcibly evict me. I can certainly pay another month if necessary. Thoughts?
 

Banned_Princess

Senior Member
Hey, Yes it is def. rent stabilized, so they must have to give me some notice before they forcibly evict me. I can certainly pay another month if necessary. Thoughts?
Let me assure you no one can forceably evict you without taking you to court first. you will have notice and plenty of it.

You have the right to renew the lease with a small persentage increase in rent. If you feel you are paying too much, but cant find anything better / cheeper you may have no choice but to renew.

Heres a bit of reading, you can find the info in full at the site I sited above, or again...

http://www.housingnyc.com/html/resources/attygenguide.html#12



EVICTION

A tenant with a lease is protected from eviction during the lease period so long as the tenant does not violate any substantial provision of the lease or any local housing laws or codes. For both regulated and unregulated apartments, landlords must give formal notice of their intention to obtain legal possession of the apartment.

Unless the tenant vacates the premises by a specified date, the landlord may commence eviction proceedings through: (a) a summary non-payment court proceeding to evict a tenant who fails to pay the agreed rent when due and to recover outstanding rent, or (b) a summary holdover proceeding for eviction if a tenant significantly violates a substantial obligation under the lease (such as using the premises for illegal purposes, or committing or permitting a nuisance) or stays beyond the lease term without permission. Real Property Actions and Proceedings Law (RPAPL) § 711.

Landlords of rent regulated apartments may be required to seek approval from DHCR before commencing a court proceeding, depending on the grounds for eviction. Where a tenant fails to pay rent, is causing a nuisance, damages the apartment or building, or commits other wrongful acts, the owner may proceed directly in court. Other grounds, such as where the owner seeks to demolish the building, require that the owner first receive approval from DHCR.

A tenant can be legally evicted only after the landlord has brought a court proceeding and has obtained a judgment of possession. A tenant should never ignore legal papers; an eviction notice can still be sent if a tenant did not appear in court to answer court papers (petition) sent by the landlord.

Only a sheriff, marshal or constable can carry out a court-ordered warrant to evict a tenant. Landlords may not take the law into their 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. When a tenant is evicted, the landlord may not retain the tenant’s personal belongings or furniture. The landlord must give the tenant a reasonable amount of time to remove all belongings. RPAPL §749; Real Property Law § 235.

A tenant who is evicted from an apartment in a forcible or unlawful manner is entitled to recover triple damages in a legal action against the landlord. 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 may be entitled to be restored to occupancy. RPAPL § 853; NYC Admin. Code § 26-523, § 26-521.

Additional rules apply in certain situations concerning evictions. In New York City, a landlord may not evict a tenant in a rent stabilized apartment for purposes of owner occupancy if the tenant or the spouse of the tenant is a senior citizen or is disabled, unless the landlord provides an equivalent or superior apartment at the same or lower rent in a nearby area. In rent controlled apartments statewide and in rent stabilized apartments outside New York City, a landlord may not evict a senior citizen, a disabled person, or any person who has been living in the apartment for 20 years or more for purposes of owner occupancy. 9NYCRR § 2524.4; 9 NYCRR § 2504.4; NYC Admin. Code § 26-408(b)(1).

It is wise for tenants to consult an attorney to protect their legal rights if the landlord seeks possession of their apartment.
 

Banned_Princess

Senior Member
Thanks Princess, so what are your qualifications?
I am qualified to convey information over the internet from reputable sites to people who cant seem to read state sites themselves. I also retain alot of that information myself so I do not need to re read the law over and over.

I also am qualified to dumb down that information to people who cant seem to grasp a particular law.

Can I be of further assistance?
 

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