LL wants to evict, what are my rights? (section 8, apartment)

[safina]

Here is the story; I went to one East New york Estate broker to rent a room. I paid $120 then the broker got me a room. Since last year i have been paying the rent we agreed on time. I pay rent by check so i never got receipts from my landlord. Last month i decided to ask for a receipt after paying her money she got an attitude, shouted at me and even cased me. I kept mum. Today may-03-09 she called me and started complaining about the bathroom. After a few minutes she she said she wants me out of her apartment on may-31-09. I do not know what to do. Do i have any right to resist this eviction or i have to wait on may 31 to move out?

[NativeNYCer]

She has to give you 30 days notice, so you don't have to move out on the 31st. If you don't want to move out, she has to go to housing court to get an eviction notice. That will add an additional 30 days (i think) until both you and she get a date for a hearing at housing court. Since you have rented a room in her house since last year, she has to go through this process.

But please, if you know any attys or anyone who knows landlord/tenant law, ask them. They can really help you.

Good Luck!

[Viralmd]

Your cancelled checks also act as receipts. Each time the landlord cashed one, you should have gotten it (or a photocopy) back with your bank statement.

[brooklyn1967]

Legally, your landlord has to go through tenant/landlord court to evict you. She has to have a reason (legal). From what I read, it seems that she doesn't have a reason.


Since you have been paying by check, that's the evidence you need to prove your case in court. Check your bank statement and confirm that the checks have been deposited. There have been cases in the past where a landlord has used a legal loophole and has refused to deposit the checks, and used that as a basis for eviction. Since she had an attitude, and started yelling, and cussing, then she is not providing a safe home environment as required by NYS law. Unfortunately, not everyone obeys the law.
What I suggest is that you record her, next time she starts yelling and screaming. Make sure that it is a one-on-one conversation, which are admissable in court. Some courts would refuse to accept tapes unless they are transcribed on paper, though. Make an itemized list of all belongings, with how much each item is worth. This is in case she decides to evict you illegally. She just might decide to break into your room and throw all your stuff out in a dumpster. Make the list because in NY you are entitled to treble damages for an illegal eviction. This means that if you have $ 2,000 worth of items, then she has to by law pay you $ 6,000.00. This seems fishy to me. I'm under the impression that maybe she is on a program like Section 8, which doesn't allow a tenant to rent out rooms. make sure that (1) she's not on Public Assistance, (2) she's not on Section 8, (3) she's the legal tenant of the apartment, (4) she's allowed to rent out rooms and/or sublet. Obviously she's hiding something. By all means go to Tenant Landlord court yourself and find your options.

[ceya22005]

I had an similar experience but I eventually moved out...the landlord should give 30 days notice and please write down the dates that she blames you, yells and acts like a nut if she locks you out call the police immediately that's illegal.

[30STM]

she can't kick you out for no reason if you have a lease and she does not want to renew that is different. I would take her to landlord tenant court for harasement and try to get photos or even tape conversations or video tape her when you meet with her again if you do . keep dates of every incident and call the police if she does anything illegal or even tries to threaten you.