Unlawful eviction?

[UnhappyinNY]

I received a notice from landlord exlaining that they were going to do work on the apartment. They gave us 3 options. I haven't picked an options because we owe them some back rent. Called them to make arrangements for payment nad they refused to accept any of them. Told me they were shutting the electric off sometime in May, I have 3 small children-The electric heats my home, runs the hot water and starts my stove. Can they do that? What is the procedure I should take before it happens? They want us to move out by June 1st. We tried to ask for more time they refused do I actually have to leave without an eviction notice?

 

[Arlene]

It sounds like an unlawful eviction to me. Usually there are tenants' rights advocates listed in the local yellow pages. A real estate lawyer can help you prevent further trouble with the landlord, and put you in the best position to fight the eviction attempt and possibly get damages from the landlord for his unlawful actions. Bring your case to a lawyer. Many lawyers take your type of case on contingency, so it might not cost you anything. Usually an eviction action must be preceeded by a legal termination notice. It is unlawful to interfere with a tenant's utility service, and some states have statutes which impose a penalty on the landlord for such interference.

 

[Tracey]

Were you going to pay the entire amount? The landlord doesn't have to accept terms, but can't refuse to take payment in full and then turn around and evict you.

Call your local tenant's rights association for advice. The advocates will know whether a landlord can shut off utilities as a form of self-help eviction. You may be able to sue the landlord to enjoin (forbid) your unlawful eviction.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.