eviction? help!!

So without too many details. Our rent is paid on time as written in lease every month for the past year and half we have lived in our complex. We had an issue with maintenance coming into our apartment for “preventative work” with no notice. We have a dog with anxiety and a 5 month old baby so we need the 24 hour notice promised in the lease. Not to mention we were both home sick from work and trying to speak at 845am. When speaking to the prop manager, kept calling it an “emergency”. Confirmed by plumber not to be, the four days in the middle of the work shows it was not an EMERGENCY as they insisted. She got verbally aggressive with us and refused to answer our questions. We called the property manager for the whole company who apologized and made then gave us our notice. When we got a note for the work to be done we made sure we were both home with baby and dog to avoid drama. We are and always have been accommodating.

A few weeks later we let them know we are going to be leaving next month and we conveniently get a notice the next day saying we are being evicted for being a nusance by verbally abusive to the prop manager. This never happened, if anything she abused us.

We have been trying to reach regional manager and their lawyer and no one will call us back. They say if we are not out by 10/3 we will be escorted out by sheriff.

Anyone know how this works legally? Is this legit? We are leaving like 28 days later, can’t they leave it amicable? Help!!

Re: eviction? help!!

I'm no lawyer, but I don't think they can just evict you by escorting you out with the sheriff without a court order. I would think they would have to take you to Landlord/Tenant court. Did you receive an eviction notice from the court?

Re: eviction? help!!

Re: eviction? help!!

Are you in NY? I don't think they can evict you like that if you've been living there for over 30 days...they would need to bring you to court. Not 100% sure but I'm leaning more towards that than just a letter. If it's NY the cops would not do that...they will tell landlord they need court documents.

Re: eviction? help!!

yes we live in /NY...suffolk county to be exact


Since our landlords are so shady we kinda want to just be out byi that date, to avoid them locking our stuff up or changing out locks which they have said they would do

Re: eviction? help!!

If they went to court, then it's a legal eviction. Uggh sorry you're going through this.

Re: eviction? help!!

I'm not a lawyer, but my mother had a tenant who was a HORROR. Didn't pay the rent in months and had destroyed the apartment and we wanted to evict her so bad. But we were told by SCPD that we would need to go to court and get a formal eviction order, and only after the formal eviction was ordered by the court could the sherrif put all of their things out in the street and change the locks. Good Luck.

Re: eviction? help!!

They would need to take you to court to execute a formal eviction. A letter signed by their attorney is not sufficient. You would need to be called to court to appear and notified with a written court order stating that you are being evicted. And, it takes the sheriff a long time to get to the house because they are so busy with foreclosures and other evictions. So, it's not like they can just call the sheriff one day and tell them to come and evict you. Make sure you have a court order before you go anywhere.

Re: eviction? help!!

If it's from their lawyer, then he is putting you on notice that he will start eviction proceedings if you are not out by the date specified in the letter. It takes time. It is not so cut and dry when it comes to eviction, you will more than likely be out by the time the hearing rolls around. What I would do is send a certified letter to the attorney since they haven't called you back (you should document everything anyway). They can't just change the locks without a court order. Their attorney sounds just as shady as they are.

Re: eviction? help!!

you will not get evicted on 10/3
the process is so slow and you have not even been to court. Even if you did go to court and the complex had an order there is no way the sheriff will be there at that date. They are just trying to scare you with the lawyer from the company.

I am not a lawyer but my sister just went thru this this summer she evicted tenants who did not pay, went to court it was a nightmare. Finally they left.

Don't worry legally they cannot change the locks or touch your things

Re: eviction? help!!

They cant LEGALLY evict you yet, but I am concerned that if youre not out by 10/3 you may start being harassed. Im really sorry you are going through this.

My MIL had tenants years ago who refused to pay for MONTHS. They gave him notice and he refused to leave so one day DH and his brother went over and put all his furniture on the lawn (I know - kind of stupid) and the man called the cops and they made my DH and my BIL put it all back inside. The law is on your side for now.

Make sure all of your communication with them is kept - email, text whatever and the best way would be to send everything certified mail - AND make copies of what you send.

Sorry youre going through this!

Message edited 9/28/2011 12:56:33 AM.

Re: eviction? help!!

Omg that is awful! Sorry you are going through this.

Here's a FAQ for landlord/tenant procedures in Suffolk County. Good Luck!

FAQ

there's also a link at the top of that page that may have some helpful info. (NYS Attorney General Housing Issues)

Message edited 9/28/2011 8:29:34 AM.

Re: eviction? help!!

they have probably served you with a 30 day notice. Do you have a lease?

Legally, if it's not for non-payment, they have to serve you with a 30 day notice, unless your lease states otherwise. I would have an attorney review your lease, and send a letter back to their attorney explaining what really happened and when you have notified them that you are leaving.

Once 10/3 comes and you are not out, they can legally start eviction proceedings. This will take at least another month. They cannot escort & lock you out of your apartment without a court order- which it sounds like they don't have.

I'm sorry you are going through this and I'd hate to have stay there under such hostility...

Re: eviction? help!!

you're in NY, right?

What they gave you sounds like a notice to vacate.

L&T laws in NY are in the tenant's favor and this sounds absolutely silly.

They need a court order in order to get a sheriff to escort you off the premises.

You need to re-read your lease about eviction and if there are any clauses about that.

I have never heard of being asked to leave based on being verbally abusive.. that sounds like BS and ridiculous.

You're leaving anyway, right? did you notify them via letter or verbal?

if it was verbal, you need to send them a written letter advising them of your intentions to vacate the premises.

Also, watch out, I wouldn't be surprised if it's a ploy to try to hold your security deposit

GL!

Re: eviction? help!!

I remember someone being evicted in my building. They had the note on their door for a good 4 months before they were out of the apartment. I think it takes awhile. They are probably trying to scare you out so they can have a reason for not returning your secuity or something shady like that. Good Luck! I hope it all gets worked out!