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30 Day Rule / Searching for Precedence

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BrooklynFire

New member
New York - Manhattan - Harlem 10029

HarlemGood day!

I have a civil court case next Monday and I would really appreciate a little bit of help regarding two specific subjects:

1. I was coerced by my landlord (using threats and intimidation) into signing away my stabilize apartment lease and was told I had only 21 days to return my keys and evict the apartment. I was told by one judge and several lawyers that it is customary to give 30 days notice before evicting a tenant, my question is : Where is the law that actually says that. I need to quote from it to the judge and I would love to see the actual law / regulation that says tenants should get at least 30 days to leave.

2. I am making the claim that if it wasn’t for this wrongful eviction, I would have stayed in the apartment for at least 3 more years and thus should be awarded the difference in rent for that time. For example, if the rent was $1500 and I’m now paying $2000, that’s a $500 difference, times 36 months is $18,000. This amount is also punitive to discourage landlords from using the same shady and threatening tactics in the future. I know I need precedence of some other case, preferably in NY that has done something similar or was awarded a similar amount.

I apologize if I’m being vague, but this is a very long story and I don’t want to waste your precious time with the entire thing, if there any details you need I’d be happy to provide them but at this point this is what I need to go in front of a judge.

Thank you so much for your help!
 


FlyingRon

Senior Member
The word is precedent, the plural is precedents.

In New York City, they were required to give you your notice of right to renew 90 days before the lease ends. You had 60 days to agree to do so. If you didn't, then you can put out at the end of the lease term. Customary doesn't mean anything. The question is what the law requires.

You haven't provided enough information, one way or the other to tell if this was a proper termination of the tenancy. However, you're not getting some imagined rent difference as damages. The usual remedy is the restoration of the previous tenancy.

You should take one of those "several lawyers" you are talking to and pay them to actually look at your case rather than you continuing to poke at it with a stick.
 

BrooklynFire

New member
Where exactly does it say that landlords are required to give you notice of right to renew 90 days before the lease ends? What is the actual law?

What about evictions, where is the actual law that says how much notice there should be for evictions?
 

xylene

Senior Member
How were you bullied into an eviction?

Courts order eviction.

Please tell us more about this coercion.
 

BrooklynFire

New member
I really appreciate the interest guys, and my apologies for misspelling precedent. I don't want to bore you with the details at this stage I'm really just looking for answers to those particular questions
 

adjusterjack

Senior Member
Lots of questions can't be answered without details. Be that as it may, you referred to your "stabilize apartment lease." In NYC your rights and remedies would be addressed by the NYC Rent Stabilization Code:

 

reenzz

Member
Were you evicted by a judge or told to vacate by a landlord without a court order? It makes a big difference.
 
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