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Notified of having to move ahead of time

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Sybil226

Member
What is the name of your state? New York

I gave my landlord notice that I was moving out in January since almost mid November.

From the first days of December, she began to pressure me and my roomate to bagin packing, which was quite annoying, but nevertheless.

Then one day she told us she "was going into the house" to show it, without giving us but 1 hour notice, and I was just leaving for work when she told me, and my room was a mess at that moment and I didn't want anyone going in there, but regardless, she didn't ask, she SAID she was going in. I told her the house wasn't in great shape. She responded "Oh, it's always like that. Yeah, it is always dirty.." I was like.. what?? Funny, she never said anything like that in the whole year, so now we're leaving now she decides to say that.. whatever.. I told her to call my roomate to let her know (she is in charge of everything to do with the landlord) but she told me "no, just let her know.." Like, she didn't want to ask, she wanted to just 'let us know'..

Then by Dec 15 she NOTIFIED us that she needed to repair some things in the house, and that we had to leave on the 30 of Dec. She spoke to us in a way that made it seem as if we were staying in her house for free. Like if we weren't paying anything and she was doing us a "favor." She didn't even ask if we could leave early, she informed us we HAD to leave that day.

Then one day, as I was going out, she asked if everything was going good for us to leave on the 30. So I said, "oh, I don't think I can do that, I mean, I don't know if anything is available that early.."

So finally this week she said we could leave on the 31st, but it has to be before 12pm. All the rooms available in this area are going to be available on January first. So, I don't really know what to do.

What would anyone do in this situation, after so much pushiness and so much harassment, feeling so nervous and almost kicked out before your room is really available?

If you call the police, are they allowed to get involved in these types of disputes? Or how do I go about disputing this problem? It's like I'm going to get kicked out before the room I got is available..

Any help would be appreciated.
 
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BL

Senior Member
First Of all , your landlord can not Just kick you out.
Even if you stay past 12:00 PM the 31st , she can't just throw you out, change the locks , or just do what she pleases with your belongings.

Secondly, you really should see if you can find a place before that. In my City landlords usually let you move in a day or 2 or 3 early. If you gave a security deposit and stay past 12:00 PM the 31st, the landlord could keep it .

She would have to start an eviction. If she did , she could probably have you out within 3 regular business days. That would not include the weekend.

If she locks you out , call the Police. It's illegal . She will have to let you back in. Plus if she can't be found , you can actually enter anyway you can, although plan on being sued for damages.

Additionally , she has NO right entering your room/Apt. without proper notice ( usually 24 hrs ) , unless it's an emergency . If she attempts to , or you find her in your place without notice , call the Police .

I once had a Landlord that bullied her way in , I agreed she could look around, but when she became hostile I showed her the door and told her not to harass me or I'd call the Police .
 

Sybil226

Member
Thanks for the info. So let me just get this straight:

"Secondly, you really should see if you can find a place before that. In my City landlords usually let you move in a day or 2 or 3 early. If you gave a security deposit and stay past 12:00 PM the 31st, the landlord could keep it ."

Are you serious this applies to the 31st? I had the idea that if you stayed past 12:00 on the first day of the month, the landlord could charge you the whole month's rent. But I wasn't aware this applied to the last day of the month.

The majority of apts that I called were all ready by the first of the month, mostly because there's a tenant who is moving out either the 31st or the 1st early. So I guess I could have found a place before that, but it would not have been my first choice, since it was maybe one out of 20 apts I that was available early, and that was mostly because there was NO tenant in that apt at the moment.

"Additionally , she has NO right entering your room/Apt. without proper notice ( usually 24 hrs ) , unless it's an emergency . If she attempts to , or you find her in your place without notice , call the Police."

Well, she did go in, and she gave me an hour notice, and I tried to say 'no' but she found all kinds of excuses. Like, I told her the house was not in good shape, so she said: "why dont you just like, put your stuff together or something?" I was in my way OUT to work, and almost running late, so I told her "Why don't you do it tomorrow morning so we can have the house cleaner?" She said: "Oh, it's always like that. It's always dirty.." So, it's like she would just say whatever in order to evade my polite way of saying "NOOO." I almost felt like telling her: "how would you know it's always dirty? Do you go in there when we're not home? Or you're basically talking out of your ass???"

But once it happened, can you report it to the police, or it has to be done in the very moment?? I mean, this was like a week and a half ago. I didn't do anything at that moment because I was in a rush leaving for work. I called my roomate and she said "tell her NOT to go in.." which I did, but like I said, she wouldn't listen. Is it too late to report it? And is it worth reporting it now? I mean, I'm just so angry at how she's been treated us in the end, that I wouldn't mind reporting her... if it's worth it at all..

Thanks for your help.
 

BL

Senior Member
You are talking about a week and 1/2 ago about illegal Entry.

You gave notice you are moving , it appears BY Jan. 1st , 05 . You sound like you have not found another place to live yet .

By your post it looks like you were a renter from the 1st of the month to the first of the month , on a lease .

It's not uncommon for a tenant to move out in the AM on the 1st , and New tenants move in the Afternoon , HOWEVER a tenant ( you said yourself you could have probably have found a place ) , to moved out by the 1st .

As I stated, if you chose to Stay past the move out date , you have your rights as I stated before. I'm not going to repeat them

Yes , If you stay past the end of your move out date , the landlord can take eviction action. The landlord most likely keep your security deposit , because you are still living there .
 

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