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Retalitory Eviction

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tancom29

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

I've been having issues with my landlord for over a year. I live in a 2 family home, and the landlord's former daughter-in-law lives in the garage of the home illegally. The garage has been illegally converted to an apartment. My family and I have been constantly harassed by this person, who is an alcoholic. About 7 months ago we asked that the landlord install window guards as i have to small children (2 years old and 2 months old). An unknown, unqualified person showed up at my apartment about one month ago to install the window guards while we were not home. My mother was taking care of my children while my husband and I were at work. This man was clearly intoxicated and after my mother refused to let him inside proceeded to push her out of the way while she was holding my 2 month old daughter and entered my home and verbally harrased my mother.He would not leave until the police were called.After receipt of a letter about 1 week ago informing the landlord of what had occured, and demanding that a licensed person install my window guards, with advanced notice given of when they would be performing the work, I received a termination of occupancy letter, stating that I have 30 days to vacate the premesis. We have been model tenants in the 3 years that we have occupied the apartment, always paid our rent on time. We even performed minor improvements. We have an absentee landlord that lives in Florida, therefore we have had to deal with her illegal tenant from the garage. The landlord refused to give us her telephone number. I need to know what my rights are, and if I can be evicted due to my complaints about the window guards.
 


ecmst12

Senior Member
Usually one needs to first report the landlord to the housing authority for a violation before being given the notice to terminate, in order to be protected from "retaliation". You are probably best off moving before an eviction is filed.
 

tancom29

Junior Member
I forgot to mention that we did in fact report them to the city for having the illegal apartment in the garage, which they are now being fined for. I know it wasn't a complaint for the window guards, but it still counts as retaliation for us reporting them doesn't it?
 

Gail in Georgia

Senior Member
Who knows?

Although it's a royal pain to move, why would someone wish to live in a place where you and your family are "constantly being harrassed" by an alcoholic? I'd think you'd be happy as a clam to get out of such a rental situation.

Gail
 

tancom29

Junior Member
Gail,

You are perfectly right, but although I would not want to live there and be harassed for very long, I am not at this point in time financially able to move out in the 30 days that were given. Obviously any sane person would remove themselves from the situation, but it takes time and money to find another place to live
 

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