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So I'm currently subletting from a woman who states she has manic depression which in itself is not an issue however she recently decided that my not being able to meet with her on a specific evening to talk about making a house cleaning arrangement meant it was best for her to give me 30 days notice.
Now my main question is does an email of 30days notice hold up in court or is she required to serve me properly in NYC? All my research and the tenants rights persons I've spoken with say she does in fact have to serve me properly in order to start the eviction process.
Today she came by the apartment and finding me there send me an email stating I had 24hrs to move out as she had rented my room to someone else who was coming tomorrow.
I haven't seen her in about 6 weeks and even though she's crazy and a pain in my ass i was starting to worry something had happened to her. So to just show up be shocked I'm still here and then not say anything to me but send me an email saying be out in 24hrs has really made me want to go to housing court as this isn't the first time she's done this.
I've spoken with a prior roommate who she did the same thing to and since I've moved in has been bad mouthing continuously and lying about the person and saying things that she actually said and did were done by the old roommate.
So sorry for blabbing on but my main questions are:
1. Will an email notice hold up in court especially if the notice didn't follow the proper timeline rules set by NYS Housing Court
and
2. Is there someway I can warn others to stay away from this woman and not rent from her.
No no lease which is why I'm considered month to month although i do have an email from the very beginning stating the plan was for me to be here from Feb. 1st 2011 thru the end of October 2011 but i don't think that'll hold up in court.
Who cares what the law is? If she is manic, she might be in one of her "bad" moods, and if she still finds you there she might snap and do something violent to you. Also, don't get your name caught up in the housing court system. Housing complexes are starting to troll through housing court records and immediately red flag any application that is found within the system. Not worth the aggravation, just move on.
So I'm currently subletting from a woman who states she has manic depression which in itself is not an issue however she recently decided that my not being able to meet with her on a specific evening to talk about making a house cleaning arrangement meant it was best for her to give me 30 days notice.
Now my main question is does an email of 30days notice hold up in court or is she required to serve me properly in NYC? All my research and the tenants rights persons I've spoken with say she does in fact have to serve me properly in order to start the eviction process.
Today she came by the apartment and finding me there send me an email stating I had 24hrs to move out as she had rented my room to someone else who was coming tomorrow.
I haven't seen her in about 6 weeks and even though she's crazy and a pain in my ass i was starting to worry something had happened to her. So to just show up be shocked I'm still here and then not say anything to me but send me an email saying be out in 24hrs has really made me want to go to housing court as this isn't the first time she's done this.
I've spoken with a prior roommate who she did the same thing to and since I've moved in has been bad mouthing continuously and lying about the person and saying things that she actually said and did were done by the old roommate.
So sorry for blabbing on but my main questions are:
1. Will an email notice hold up in court especially if the notice didn't follow the proper timeline rules set by NYS Housing Court
and
2. Is there someway I can warn others to stay away from this woman and not rent from her.
Thanks for reading all this,
Alyss
Did you actually get 30 days notice? When did she send the email giving you 30 days notice and when did she show up actually telling you to get out? Your post is very confusing because you mentiond that she thought it was best to give you 30 days notice, then you go right into her showing up at your door telling you to be out in 24 hours. Which was it?
I agree that you should just leave *especially* if you received the notice you were supposed to, whether it was via email or regular mail.
Ideally i'd love to be already gone however finding a place that will take me and my cat has been really hard. I'm hoping that with student's moving out in mid-late may and early june there will be more places available but so far I've had no luck scoring a new place.
Well the email saying 30 days was on March 22nd and said be out by April 22nd but according to the lawyer I consulted it wasn't legit as it needed to state the termination at the end of the rental period April 30th which i told her. Also according to the lawyer which i'm trying to double check in NY State it is required that I actually be served a notice of termination. She hasn't done that yet. I'm really just wondering if anyone has gone to housing court in NY state and had an email accepted as a notice of termination.
My main goal right now is to not have to shell out money to stay in a hotel until I can find a new room to rent that will allow my cat to come with me. Honestly, if I had the cash to do the hotel thing I'd do it since I'm not even sleeping anymore.
Who cares what the law is? If she is manic, she might be in one of her "bad" moods, and if she still finds you there she might snap and do something violent to you. Also, don't get your name caught up in the housing court system. Housing complexes are starting to troll through housing court records and immediately red flag any application that is found within the system. Not worth the aggravation, just move on.
I'm not really worried about the actual housing court process since i'm hoping by the end of this week or god willing even sooner i'll have finally found a new place and will be out of here long before any court date.
As for her being in a manic state I've taken precautions including making sure I'll be woken immediately when someone enters my room if I'm sleeping and have a couple cameras in my room in case she tries any ****.
Did you actually get 30 days notice? When did she send the email giving you 30 days notice and when did she show up actually telling you to get out? Your post is very confusing because you mentiond that she thought it was best to give you 30 days notice, then you go right into her showing up at your door telling you to be out in 24 hours. Which was it?
I agree that you should just leave *especially* if you received the notice you were supposed to, whether it was via email or regular mail.
"I agree that you should just leave *especially* if you received the notice you were supposed to, whether it was via email or regular mail."
Well Henna that advice goes against what both the tenants rights groups I consulted, my family's lawyer and the lawyer from my union suggested. According to them what's she's trying to do is called an illegal eviction as only a housing court judge can evict me. So legally i'm not obligated to go anywhere.
All i need to know now is once she finally goes about correctly starting the eviction process will the email count as a notice of termination (meaning shorter time til court date) or will she be required to process and serve me a correct notice of termination (in other words more time to find a new place)
Actually Henna isn't wrong. There's a difference between a 30 day notice and an eviction. You being a month to month tenant are legally obligated to pack up and leave when given a 30 day notice.Is there something in your agreement that requires notice delivered via certified or any other means?(You've never made it clear that there were situations in your month to month agreement that prohibited her from asking you to leave) Since you've chosen not to honor your part of a month to month contract be it verbal or written your roommate needs to evict you which requires her to follow, to the letter of the law, eviction proceedings. Asking the court to evict you is nothing more then forcing you to honor your commitment.
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