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Hello, I am a mother to a 3 year old and I am currently 4 months pregnant. Long story short I got behind on my rent due to the fact that I lost my job and so did my husband. We did absolutely everything to get our back rent paid, went to ppublic assistance they said they would help pay the back rent but I had to get a court order. The landlord refuses to go to court and get an eviction notice. He has taking money from another family and wants us out immediately. We don't kno what to do. Is there a family shelter that is safe. I have a part time job now. The landlord refuses to lower our rent and still refuses to get a court order for us to pay the back rent. I would appreciate any help.
Hello, I am a mother to a 3 year old and I am currently 4 months pregnant. Long story short I got behind on my rent due to the fact that I lost my job and so did my husband. We did absolutely everything to get our back rent paid, went to ppublic assistance they said they would help pay the back rent but I had to get a court order. The landlord refuses to go to court and get an eviction notice. He has taking money from another family and wants us out immediately. We don't kno what to do. Is there a family shelter that is safe. I have a part time job now. The landlord refuses to lower our rent and still refuses to get a court order for us to pay the back rent. I would appreciate any help.
I don't see how he can at all kick you out/make you leave unless he goes through the courts.
I suspect the landlord doesn't want to go through a formal eviction process because it costs him money and time and also, he might lose. I don't think he can just tell you to leave, though. I believe you have the right to stay until you are formally evicted. You should read up on NYC tenant law.
This is a FAQ about evictions, from the landlord's point of view:
Q: As a landlord, can I just phone a city marshal and say I want to have a tenant evicted?
A: A city marshal may conduct an eviction or legal possession only after a court has ruled on the landlord's petition for removal and issued a Warrant of Eviction to the marshal. Q: What is a petition for removal?
A: In order to start a proceeding to evict a tenant, the landlord, or his or her attorney, must prepare a petition requesting a court hearing, which must be served on the tenant and filed with the court.
Location: Port Richmond, Staten Island, New York City, New York, 10302
317 posts, read 960,624 times
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I was thinking the same as them, to be honest. I've heard from tons of people that eviction is an incredibly drawn out process and that the court just kicking you out on the street when it's all said and done is incredibly rare, if it happens at all. I can't speak from experience though.
I believe that there are lawyers available for free legal counsel at landlord tenant court. Sorry but I don't know the times/days that they are available, but maybe calling 311 would help. I don't remember how it works, but I think that your landlord can serve you some notice, but then you have the right to contest it in court. I think talking to a lawyer is really important though. Here's a site from the internet that may help:
Also, there used to be an organization on the upper west side (around 72nd) that provided free legal counsel for tenants - I can't remember the name of the organization -- I don't know if anyone else does.
Good luck with staying in your apartment, and if all else fails, there are homeless shelters for families in the city, I think calling 311 would be the best way to find something close to you. I know someone who's in one in the Bronx -- I haven't been there, but it seems to be like an apartment, and really doesn't seem to be so bad. A bus picks up her son to bring him to his school, because the shelter isn't close to it.
Good luck again & stay strong.
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