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This is a long one... Please give advice or point me towards legal jargon (i can understand it)
Currently my fiancee and I are renting a room in a duplex in Brooklyn. I live with the people i am renting from.
They rent from their landlord that owns the building (i don't know if they have actually told the landlord they are renting to us)
I have a 2 months lease that started July 1st and ends August 31st.
I am currently in another state on vacation until August 7th, we left on the 27th of July.
They want to evict us because we are messy according to them.
They have served no notices to cure, and they tried to serve a notice of eviction over email yesterday. (I think they mean a notice of termination) That states they wants us out by the first of August.
So far this is all pretty simple and they would file with the court and we would end up moving before the first court date anyway.
Here is the tricky party.
The day after we left, they searched out room with the super of the building and found something illegal. I'll just say it is a felony although they may not be able to prove it is ours and they are not the ones that would press charges.
My question is this, I know police cannot search without a warrant but what happens if your landlord enters your apartment to search without notice for a non emergency reason. Finds something and turns it over to the police. They haven't turned it over to the police yet but they are threatening if we do not vacate by the first.
I know there are going to be response of the obvious "I'm stupid for leaving it there etc..."
I know what i should do and put my fiancee under the bus for something that is her fault but I will not do that.
What kind of charges do they face for illegal entering my room if any, and can they actually do anything with anything they find in my room? (they admitted to this in an email to me already so there is proof)
Also what charges can i press/sue them for if they remove my belongings from the premises before i return on august 7th.
Not that is matters but i am currently up to date with my rent and since they want me out by the first they will not accept's august's rent. They do also have a 1 month security deposit.
This is a long one... Please give advice or point me towards legal jargon (i can understand it)
Currently my fiancee and I are renting a room in a duplex in Brooklyn. I live with the people i am renting from.
They rent from their landlord that owns the building (i don't know if they have actually told the landlord they are renting to us)
I have a 2 months lease that started July 1st and ends August 31st.
I am currently in another state on vacation until August 7th, we left on the 27th of July.
They want to evict us because we are messy according to them.
They have served no notices to cure, and they tried to serve a notice of eviction over email yesterday. (I think they mean a notice of termination) That states they wants us out by the first of August.
So far this is all pretty simple and they would file with the court and we would end up moving before the first court date anyway.
Here is the tricky party.
The day after we left, they searched out room with the super of the building and found something illegal. I'll just say it is a felony although they may not be able to prove it is ours and they are not the ones that would press charges.
My question is this, I know police cannot search without a warrant but what happens if your landlord enters your apartment to search without notice for a non emergency reason. Finds something and turns it over to the police. They haven't turned it over to the police yet but they are threatening if we do not vacate by the first.
I know there are going to be response of the obvious "I'm stupid for leaving it there etc..."
I know what i should do and put my fiancee under the bus for something that is her fault but I will not do that.
What kind of charges do they face for illegal entering my room if any, and can they actually do anything with anything they find in my room? (they admitted to this in an email to me already so there is proof)
Also what charges can i press/sue them for if they remove my belongings from the premises before i return on august 7th.
Not that is matters but i am currently up to date with my rent and since they want me out by the first they will not accept's august's rent. They do also have a 1 month security deposit.
What can I say......hide the gun somewhere better next time? And not a bad idea to lawyer up right now.
__________________
"The man who sleeps on the floor, can never fall out of bed." -Martin Lawrence
Not a gun. Guess I should just say, not gun, she stole mail from another apartment. Just 1 item from a separate apartment worth under 1k. As of this moment the other apartment is not pressing charges although the people i rent from may try to convince them to.
Last edited by ALostSoul; 07-30-2013 at 01:14 AM..
I'd try to stay in constant communicatoin with the LL about your plans on moving out- and be reasonable about a time-frame.
I wouldn't stay in a building where someone has blackmail on me, and where I've been pilfering from other residents.
That said the LL probably also knows he was in violation, so it's a stalemate- but ultimately his home, and you may have no right to retain your lease.
Figure out a way where you can both walk away without bringing the law into this one.
i would contact them back and agree on a date. They have you by the balls so let it go. You should also sit with your girl and remind her that stealing is wrong.
Circumstance you find yourself is sensitive. This does not matter if item found is some weapon or a substance. You and better half should leave. Try to compromise with LL and renters on day to bounce. That way you avoid police action and legal problems. Your relationship will take a hit.
The real story is that they knew you stole the mail and came looking for it right after you left. They disliked you before that for whatever reason. Thank the landlord for giving you a chance, then flee.
Yall need to remedy whatever suspicious habits you and your wife have that draw attention to yall. Also, keep your place decent and stop stealing peoples packages if you can. You were lucky here.
This is an odd situation because neither of you can really use law enforcement given the chance of retailation on the other matters or law enforcement figuring out the reporter's misdeeds while enforcing.
But you can try to use the threat of enforcement to get what you want. Tell them a 30-day notice of eviction is required and if you return on Aug 7 you will call the police and report a theft.
I love how people who break the law want to get off the hook or abuse the system. Stealing and tampering with US mail is a federal offense. You and your gf broke the law now you want the LL to give you 30 days.
Pack your stuff and leave quietly. You're lucky the neighbor isn't pressing charges--regarless of the amount.
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