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Old 10-04-2013, 09:54 AM
 
17 posts, read 17,898 times
Reputation: 10

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I am living in what everyone says is an illegal apartment, basically it is a garage. I was told by the landlady to get out that I was not wanted as a tenant anymore. If I didn't leave she would have me thrown out. I am not 30 days behind in my rent I have my own business which I have not been able to operate because of the harassment from this woman. I was sick for a few weeks, tried to work something out with her but she refuses to work with me. can she kick me out without giving me a chance to find a new place to live?
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Old 10-04-2013, 11:58 AM
 
Location: Central, NJ
2,418 posts, read 5,027,986 times
Reputation: 3317
Quote:
Originally Posted by Gerri2013 View Post
I am living in what everyone says is an illegal apartment, basically it is a garage. I was told by the landlady to get out that I was not wanted as a tenant anymore. If I didn't leave she would have me thrown out. I am not 30 days behind in my rent I have my own business which I have not been able to operate because of the harassment from this woman. I was sick for a few weeks, tried to work something out with her but she refuses to work with me. can she kick me out without giving me a chance to find a new place to live?
What is it you need to work out if you are not behind in your rent?
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Old 10-04-2013, 12:00 PM
 
Location: New York City
8,190 posts, read 6,221,112 times
Reputation: 5952
Quote:
Originally Posted by Gerri2013 View Post
I am living in what everyone says is an illegal apartment, basically it is a garage. I was told by the landlady to get out that I was not wanted as a tenant anymore. If I didn't leave she would have me thrown out. I am not 30 days behind in my rent I have my own business which I have not been able to operate because of the harassment from this woman. I was sick for a few weeks, tried to work something out with her but she refuses to work with me. can she kick me out without giving me a chance to find a new place to live?
She can't evict you, if she does she can be put in jail. There's a procedure to follow and all the laws are on your side
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Old 10-04-2013, 12:14 PM
 
Location: NYPD"s 30th Precinct
2,444 posts, read 4,413,093 times
Reputation: 2460
Quote:
Originally Posted by Gerri2013 View Post
can she kick me out without giving me a chance to find a new place to live?
No, she must go through the full formal eviction process through the court system, and in the process it would come to light that she's been renting out an illegal apartment, which would leave her open to significant fines from the city.

You say that you're not behind on your rent, so it doesn't sound like she has much of a basis to try and evict you. Even if you were not paying rent, she still has to go through the court system and can't simply kick you out herself.
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Old 10-04-2013, 01:07 PM
 
2,034 posts, read 2,419,759 times
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You really need to know what your state law says regarding ending a tenancy. Have you violated any terms of the lease? Has the landlord provided a reason for the eviction? How do you know the dwelling is illegal?
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Old 10-04-2013, 03:44 PM
 
17 posts, read 17,898 times
Reputation: 10
Default Threatened me

She came just under an hour ago, told me to go to a shelter, if I was not you by Monday she would have the lights turned off, and put me out. Says her lawyer is advising her. Police said if she did that to call 911.
Unfortunately I'd have to step out of the room because I don't get reception on my phone on the inside. I do not have formal papers, just a note telling me to leave.
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Old 10-04-2013, 03:46 PM
 
17 posts, read 17,898 times
Reputation: 10
Current rent was up September 15th.
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Old 10-04-2013, 03:55 PM
 
Location: Long Island, NY
7,846 posts, read 10,770,136 times
Reputation: 9197
There are a lot of details missing--either she's been busted for renting an illegal apartment (probably why she has a lawyer already) or there's something with you that she's got a beef with and wants you out. She doesn't have to tell you why she wants you out but she does have to give you 30 days' notice.

there's some useful info on this website:
http://www.ag.ny.gov/sites/default/f...ights_2011.pdf
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Old 10-04-2013, 07:00 PM
 
2,034 posts, read 2,419,759 times
Reputation: 2080
Quote:
Originally Posted by Gerri2013 View Post
She came just under an hour ago, told me to go to a shelter, if I was not you by Monday she would have the lights turned off, and put me out. Says her lawyer is advising her. Police said if she did that to call 911.
Unfortunately I'd have to step out of the room because I don't get reception on my phone on the inside. I do not have formal papers, just a note telling me to leave.
You didn't answer my questions but landlord tenant law can be complicated. I doubt she has an attorney or you would have received a letter directly from them. If she is trying to evict you for non payment of rent, it has to go through the court system. Even if she does this, if you pay the rent, she may not be able to evict you. I don't know whether your dwelling is illegal - you haven't provided enough information, but even if illegal, depending on the reasons, you may be within your rights to stay. Do you have a written lease? Why not contact legal aid and let them advise you once you have given them all the facts. It's difficult to advise you without all the info and seeing your lease.
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Old 10-04-2013, 07:19 PM
 
Location: NYPD"s 30th Precinct
2,444 posts, read 4,413,093 times
Reputation: 2460
Quote:
Originally Posted by Gerri2013 View Post
She came just under an hour ago, told me to go to a shelter, if I was not you by Monday she would have the lights turned off, and put me out.
That's called "constructive eviction" and is very illegal. She cannot change the locks, shut off the power, or anything like that. If she does, call the cops and they will force her to allow you back into your apartment.
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