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Re: Trouble Paying Rent: your question is: eviction: how?

Posted by Fred on June 13, 2000 at 20:56:10:

In Reply to: Trouble Paying Rent posted by Regina on June 13, 2000 at 16:35:53:

: I live in an apartment in Queens that is a co-op owned by my sister and brother-in-law. Last October I had an accident, and the doctor's bills bled me dry. I told my family that I would have some trouble paying the next month's rent. So, my brother-in-law came up with a payment plan, which was still difficult for me to make, but I have been sending them faithfully every month what I can.

: However, when my brother-in-law came over that evening, he accidentally spilled the beans about their intentions to sell the apartment. This was the first I heard of this, and when I asked him later about these plans, he refused to acknowledge my question. Them my sister sent me a nasty letter in the mail telling me that they could no longer "subsidize" me in the apartment. It was not a legal letter, nor was it sent by certified mail. They are hardly subsidizing me, as I have paid them rent every month for four years, I only missed one month because of a medical emergency.

: What are my rights in this situation? Can they just show up some day and tell me that they have sold the apartment? Or legally, do they have to give me time to find another apartment? I do not have a signed lease because my brother-in-law decided, when it was up the last time, that we didn't need one.

The terms of your lease continue as a month-to-month tenant, including the price of the rent. They are required to send you a 30-day notice. If you don't leave on time, they must evict you in court, which will take another couple of months, maybe even 6 months. They cannot just change the locks, that's an Illegal Lockout: you can sue bigtime on that one.

Use the little white search box at the top of this page and on for those phrases. While our on, click on NY Tenant Info and read read read. Then go to Housing Court Decisions and read about the Holdover Eviction process. You have rights, lots of them. Learn them then tell your ugly sister to kiss ....

Better idea: don't let your sister know you've learned all this: wait until she tries to sell the coop: if either she or the buyer wants you out faster than gjoing through the whole court thing, make them pay your moving expenses, returrn all security & advances, and pay a little extra too. This is called a buyout and is legal.

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