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what happens if a tenant is on medical disability and can not work, never been late with rent but has not paid rent now for a year. they also have a minor child and on welfare. what rights does tenant have
Has not paid rent for a year? What kind of rights are "they" demanding? To live for free FOREVER in someone else's property? Sounds like "they" have more rights than the landlord, that's for sure. LOL. Please give me the landlord's name. I want to go rent from them!
go to the library or bookstore and get a book on Landlord tenant law in new york STATE. (not CITY... CITY is vastly different than STATE).
If you're a tenant... do the right thing because the bad tenants are the ones that ruin it all for the good tenants.
If you're a landlord... again... do the right thing because it's the bad landlords that ruin it for the good landlords.
It isn't just about you. Your actions affect EVERYONE. I'm not saying you're doing anything wrong.. I don't know you at all.... I'm just saying "do the right thing".. (wasn't that a movie in the 80's? lol)
edit: Lol.. the original post is from 4 years ago.. wonder whatever happened...
Last edited by FallenAnjel; 12-12-2011 at 11:05 AM..
Reason: added info
I have gone through it all. In most states and most of NY, you have to put the tenants belongings in storage for 30days on your dime. However, in Suffolk County, though they would have you believe differently, you can AFTER GETTING A WARRENT OF EVICTION AND JUDGEMENT OF POSSESION, you can put the property on the curb yourself. It's bad enough you get stuck for the rent, damage to your property, but then in many areas have to pay to remove and store the filthy rats belongings !!!!!! Finally there is something good about renting in Suffolk County.
I was illegally locked out after one saturday night my boyfriend (we lived together) drunkingly called the police on me. The police advised that I leave for the night and come back in the morning. When I came back I was locked out and just a few of my belongings (8 bags) were on the front lawn. I called the police, they did a report and knocked on the door but he did not answer. He will not answer phone or texts or emails. I need the rest of my belongings how do I get them back???
I was illegally locked out after one saturday night my boyfriend (we lived together) drunkingly called the police on me. The police advised that I leave for the night and come back in the morning. When I came back I was locked out and just a few of my belongings (8 bags) were on the front lawn. I called the police, they did a report and knocked on the door but he did not answer. He will not answer phone or texts or emails. I need the rest of my belongings how do I get them back???
wait down the block in the morning, when they leave, go bust in the door to get your stuff, and if you're questioned, you say that's how you found it.
I have read many of your posts, and though not a lawyer, I am a landlord who has experience in both NYC and Nassau County evictions process. In the 5 boros of NYC, upon judgement from Housing Court Judge or mediator, the City Marshall is the ONLY persons legally authorized to return possession of property to the landlord.... unless the tenant gives written notice that they are leaving, and relinquish rights to occupy apt., house, unit in question... or tenant delivers keys to landlord.
That is the ONLY way to recover your property as a landlord. If belongings remain, they MUST be stored for 30 days at landlord's expense. After that time period, if no one claims their things, then you are free to do with them what you will, even leaving them curbside or craigslist posting.
In Nassau County, laws are different in that upon judgement of eviction, the case must go to the Sheriff's dep't. for execution of eviction. However, the sheriff will not perform process without securing a qualified and bonded mover pre-paid for 30 days.
In terms of legal evictions, these are your options as a landlord in NYS.
skewed towards the tenant, yes, but recall 'slumlords' term? That is why guidelines are in place. Many landlords can be unethical in their eviction procedures due to anger or retaliation for non payment, breaches, etc....
That is not right, nor is it fair. Two wrongs don't make a right.
Use the court system and save potential suits from retaliatory actions. Saves more headaches!
So, if you are a tenant, do the right thing, and likewise if a landlord. Both should be aware of their rights and the laws as well.
Most evictions are the Landlords fault. Google your future tenants name, then tell the future tenant to sit down on a computer with you and use creditkarma to see their credit history, it is free, and if your tenant has good credit rent to them, if they have bad credit tell them to move back with their relatives.
No credit score, no rent, period. I made my mistakes, and NYS sides with tenants. I have started to post bad tenants I have had so you can find them on Google. So Landlords, post your bad tenants, stick to the facts, and be accurate. My worst tenant says if I do not take my comments down she will sue for libel. The TRUTH with pictures is my defense, can't wait for her to have to pay lawyer.
DO NOT RENT IN NY, LOOK FOR STATE THAT TREAT LANDLORD FAIRLY, THERE ARE MANY.
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