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Shroggie
Don't Worry...Be Happy
Member since 5/06 6261 total posts
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Legal help...
I'm trying to help my cousin with something.
Here's the situation.
My cousin was 8 months pregnant and single (has a boyfriend, baby's father, but were not planning on living together). She found an apartment in a 2 family home, upstairs, 2 bedrooms. Older lady lives downstairs alone. No lease, month to month $1400 plus all utilities. Anyway, she pays Jan rent and security, and moves in later that month. Feb and March rent were given on the 1st of the month and a receipt was given both times.
My cousin had a c-section late in February and couldnt be alone to go upstairs carrying the baby, and taking care of him by herself, so her boyfriend starting coming by friday nights and would leave monday mornings. He would only stay for the weekends.
Well, last month the lady started complaining saying that she doesn't want him there, they're not married and it's a sin, bla bla bla...she called the cops on them saying there was a strange man in the house. Cops said theres nothing she can do, my cousin pays rent and can have him over if she wants to.
Fast forward to last week. My cousin gets rushed to the hospital by ambulance and has to get surgery to get her gallbladder out. This was on the 31st. Rent is due the next day. My cousin gets home on the 2nd and there is a letter under the door waiting for her saying that the landlord wants her out in 30 days and that her granddaugter is moving in on May 1st....It was signed and notarized on the 31st...the same day that my cousin was rushed to the hospital in an ambulance!! The lady must have no heart to write that up the same day! My cousin was about to give this months rent when she found the letter, but then decided that she's not giving the lady another dime.
My question is...
Without a lease, How long does it take to get someone evicted? She cant be lifting boxed or even pick up her own child for a couple of weeks. It will take about 2 months to get all her stuff packed and out and into another apartment.
She doesn't even know where to start, besides looking for another apt. I just dont want her to be put out on the streets with a 7 week old baby.
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Posted 4/5/08 5:41 PM  |
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MsMBV
:P
Member since 5/05 28602 total posts
Name:
Me
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Re: Legal help...
When we had problems with our landlord we were told it takes 90 days after they file with the Sheriff's office, and even then it is negotiable.
I am so sorry this has turned out so badly for your cousin.
ETA: I am not sure, & DH does not remember either, but I am pretty sure that the guy at the sheriffs office also told us that if we did not have a lease we could file a complaint to get all the rent money back. Definitely have her double check that with the local authorities.
Message edited 4/5/2008 7:58:38 PM.
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| Posted 4/5/08 7:56 PM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: Legal help...
Posted by Shroggie
Without a lease, How long does it take to get someone evicted? She cant be lifting boxed or even pick up her own child for a couple of weeks. It will take about 2 months to get all her stuff packed and out and into another apartment.
She doesn't even know where to start, besides looking for another apt. I just dont want her to be put out on the streets with a 7 week old baby.
Legally she has to give you 30 days written notice and she did just that. She even went and got it notarized so I betcha she knows what she is doing.
So legally you have to be out within 30 days after you get the letter. Paying the rent a day late really doesn't matter as she can still evict you with the same 30 day letter whether you paid on time or not.
If you don't get out after 30 days she has the right to pursue eviction afterwards. I would just chalk it up as a bad experience and move out within the 30 days. Having a newborn baby doesn't really matter in regards to the law.
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| Posted 4/5/08 8:32 PM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: Legal help...
Posted by MsMBV
ETA: I am not sure, & DH does not remember either, but I am pretty sure that the guy at the sheriffs office also told us that if we did not have a lease we could file a complaint to get all the rent money back. Definitely have her double check that with the local authorities.
Not having a lease doesn't change the landlord/tenant laws. She still has to abide by the New York State landlord/tenant laws regardless if there is a lease or not.
The only difference with having a lease is, if she wants to evcit you with a lease she has to either wait until the lease is up and simply not renew it and send the 30 day letter at the start of the last month, or if she wants to evict you and break the lease she has to prove she had probable cause to do this (like if you were noisy, disruptive, etc.).
Having somebody living with you would not qualify for breaking a lease, but of course since there was no lease she can really do whatever she wants as long as it's within the law.
Message edited 4/5/2008 8:35:57 PM.
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| Posted 4/5/08 8:34 PM |
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babymakes3
Almost there!
Member since 7/06 7376 total posts
Name:
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Re: Legal help...
If I were her, I'd plan on leaving at the end of the month and I'd have the boyfriend stay every day of that month.
I wouldn't want to be there more than that with that woman breathing down my neck about everything.
It was heartless of that woman, but there is no lease and she provided 30 days notice. 
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| Posted 4/5/08 11:12 PM |
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Blu-ize
Plan B is Now Plan A
Member since 7/05 32475 total posts
Name:
Susan
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Re: Legal help...
I would start looking for a new place to live, but it can take up to 90 days to actually get her evicted. She is entitled to a hearing in NYS.
It will be hostile while she's there and looking, but I wouldn't want to stay.
Obviously, this woman was using your cousin for a few months while her niece or whomever was waiting to move in. Either that or she though the baby's father would marry her and then they wouldn't be living in sin.
If she goes for the hearing (after the landlord files the notice of eviction) she will get heard. The laws are heavily weighted in favor of the tenant.
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| Posted 4/6/08 12:05 AM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: Legal help...
Posted by Blu-ize
I would start looking for a new place to live, but it can take up to 90 days to actually get her evicted. She is entitled to a hearing in NYS.
It will be hostile while she's there and looking, but I wouldn't want to stay.
Obviously, this woman was using your cousin for a few months while her niece or whomever was waiting to move in. Either that or she though the baby's father would marry her and then they wouldn't be living in sin.
If she goes for the hearing (after the landlord files the notice of eviction) she will get heard. The laws are heavily weighted in favor of the tenant.
The laws are in favor of the tenant in regards to disputes and especially when leases are involved. But fighting it with a hearing is only going to postpone the inevitable.
Since there is no lease, if the landlord wants the tenant out the tenant will eventually have to leave. All the landlord has to do to abide by the law is give 30 days written notice.
You may be able to delay it a month or two, but she will still eventually have to leave. I don't see what a hearing will do in this case other than try to postpone it.
On the other hand, if the tenant wanted to piss the landlord off, she can elect to stay there past the 30 days and force the landlord's hand.
I am pretty sure it is ILLEGAL for the landlord to lock out any tenant out of her hosue, even during an eviction process. So its not like on the 31st day the landlord can change the locks and take her stuff. If she does this, sue the crap out of her. Thats where the laws are in favor of the tenant.
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| Posted 4/6/08 12:55 AM |
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Shroggie
Don't Worry...Be Happy
Member since 5/06 6261 total posts
Name:
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Re: Legal help...
Thanks for all your input. I will start to help her look for a new place. I just dont know if she'll be able to do this on 3 weeks...I hope she can.
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| Posted 4/6/08 9:52 AM |
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Blu-ize
Plan B is Now Plan A
Member since 7/05 32475 total posts
Name:
Susan
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Re: Legal help...
Posted by ave1024
Posted by Blu-ize
I would start looking for a new place to live, but it can take up to 90 days to actually get her evicted. She is entitled to a hearing in NYS.
It will be hostile while she's there and looking, but I wouldn't want to stay.
Obviously, this woman was using your cousin for a few months while her niece or whomever was waiting to move in. Either that or she though the baby's father would marry her and then they wouldn't be living in sin.
If she goes for the hearing (after the landlord files the notice of eviction) she will get heard. The laws are heavily weighted in favor of the tenant.
The laws are in favor of the tenant in regards to disputes and especially when leases are involved. But fighting it with a hearing is only going to postpone the inevitable.
Since there is no lease, if the landlord wants the tenant out the tenant will eventually have to leave. All the landlord has to do to abide by the law is give 30 days written notice.
You may be able to delay it a month or two, but she will still eventually have to leave. I don't see what a hearing will do in this case other than try to postpone it.
On the other hand, if the tenant wanted to piss the landlord off, she can elect to stay there past the 30 days and force the landlord's hand.
I am pretty sure it is ILLEGAL for the landlord to lock out any tenant out of her hosue, even during an eviction process. So its not like on the 31st day the landlord can change the locks and take her stuff. If she does this, sue the crap out of her. Thats where the laws are in favor of the tenant.
agreed, this will give her some time to get another place. I think having the extra time will help..especially since she has a newborn.
I wouldn't want to stay there at all but I would try to milk it for time's sake.
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| Posted 4/6/08 12:54 PM |
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donegal419
St. Gerard, pray for us.
Member since 7/07 7650 total posts
Name:
K
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Re: Legal help...
I don't know much about the legality of it all, but all I have to say is what a cold-hearted mean person! 
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| Posted 4/6/08 1:08 PM |
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