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2 Bumps

Termination of lease :-l NEW YORK STATE MOMS/!

so i received an eviction notice from our very hard to deal with landlord. it states that my husband and i, have 72 hrs to vacate...3 days...according to NYS rights hotline, i have atleast 30 because i have two children under 14 yrs of age. (keep in mind, this is new york, and every state may be different) (my one child is FOUR MONTHS OLD)

our lease is being terminated due to apparent "annoyance of other tenants due to fighting).
my husband is a farmer-he works from sun up to sun down. when he gets home, the last thing, we are doing is fighting "SO LOUD" that our ridiculous pot smoking neighbors downstairs (only neighbors) could hear.

long story short, i find it interestly odd how i was given eviction papers by NOT A SHERIFF, but the landlord...(not legal!) but the day after i called the sheriff because my 4 yr old was getting a contact high from the vent! :-l

anyone know, if a landlord can evict you on a three day notice if it isn't a serious breach-such as vandalism or violence to another tenant.
i'm also baffled as to how a landlord can evict someone off "one" documented fight.

(i put this in home and garden, i dont know what else is appropriate lol)
don't judge me or write rude stuff, i've dealt with enough bs today.

 
Anonymous

Asked by Anonymous at 10:50 PM on Apr. 25, 2013 in Home & Garden

This question is closed.
Answers (7)
  • Contact the local gov't housing division ASAP, the local Legal Aid office (low cost/free legal services) and also the police station non-emergency number to tell them what happened. They can tell you if it's legal. They may ask you to speak with the magistrate judge at their police station though just to confirm the legality of it. Almost every station has a judge on duty 24 hrs/7 days a week to sign warrants/summons for policemen. They're also there for the public's questions. You can usually get referrals to resources on what you can do to prevent it from happening. You may be able to get police to come there on day 3 to ensure that your stuff isn't being thrown out. Sounds like it's not legal though because the 30-day notice is standard for most states. I've done an eviction before for someone who lived w/me and failed to pay rent/keep clean.
    hellokittykat

    Answer by hellokittykat at 11:03 PM on Apr. 25, 2013

  • The landlord wants you out and it's better to know and move than deal with harassment. However, I would have a talk with the landlord and point out how your husband works so there's no way there was any fighting. I think the potheads are making crap up just to keep you from calling the cops on them. You should mention to the police that you think they are pot dealers. See how they like dealing with the cops. Try Roommates.com to find a house to share or a basement apartment to rent. You could rent even temporarily until you find a better place. Some extended stay hotels are also an option.
    hellokittykat

    Answer by hellokittykat at 11:43 PM on Apr. 25, 2013

  • He wants you out? You're out! So you have 30 days to find a new place. Then the Sheriff's Dept comes & removes you. The landlord changes the locks & removes all your belongings & places them at the curb where they will either be stolen or taken by the Garbage Men. Why would you want to stay with "Pot Smokers" anyway? Move on. GL!

    ILovemyPaulie

    Answer by ILovemyPaulie at 10:10 AM on Apr. 26, 2013

  • thank you so much! i will give them a call tomorrow. i actually, ironically, just got off the phone with our sheriff and he is just as baffled as i am. i started crying when i got the eviction because i have never ever dealt with anything like this before! tragic, i know. but i am more concerned for my children. if it were just me, hell i would just go live at my parent's house.
    Anonymous

    Comment by Anonymous (original poster) at 11:08 PM on Apr. 25, 2013

  • i am absolutely embarrassed as well.,
    Anonymous

    Comment by Anonymous (original poster) at 11:10 PM on Apr. 25, 2013

  • Well it depends on what your lease says. I am a landlord in PA and our law says one thing, but it also says "unless otherwise stated in lease" and our lease gives a shorter time. Here the first letter is delivered by the landlord NOT the sherriff and then if the tenant has not made right (paid, removed pets etc) then the landlord goes to the district magistrate and the sherriff comes to the door. Depending on what the lease says YES most definitely a landlord can evict with just one instance. Heck our lease says we can terminate it at any time by giving 30 days notice with NO reason given.

    Good luck and I would just keep paying and stay there and let the landlord take full legal action while you look for another place.
    Anonymous

    Answer by Anonymous at 1:06 PM on Apr. 26, 2013

  • @anonymous, thanks. i called him and we spoke, and he was a little more understanding on the phone. we got it figured out. we only have a few monthgs left anyway, so we're going to stay. idk what the hell his problem was the other night but lol.

    ilovepaulie, idk why you're basically reiterating what i just said, and you can't evict someone in 72 hrs with a four month old. NYS law says other wise.

    and i am not staying "with" pot smokers. they live in their own apt below us. i can't just "move on", i actually have other priorities besides pulling 2,000$ out of my ass on another apt, disrupting my kid's lives by moving all their stuff, etc. there's more to it than just :moving on" . plus, 72 hrs? yeah, i do have a job....lol.
    Anonymous

    Comment by Anonymous (original poster) at 1:46 PM on Apr. 27, 2013

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