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Re: can a landlord give only a 72 hr notice of eviction or withhold possessions?

Posted by Joseph I. Weiss on October 07, 2000 at 17:15:20:

In Reply to: can a landlord give only a 72 hr notice of eviction or withhold possessions? posted by wendell on October 06, 2000 at 17:46:49:

: I am in a situation where, my land lord has requested me to leave the premises. This is part is due to a schedule change in when I will pay the rent. Upon my return to my apartment, on Wednesday 10/4, I got a letter basically saying that he no longer wants me there and that I should move out by 10/7. Do I really have to just move out with only three days notifications, despite what the lease I signed says?
: He recently withheld the possessions of another tenant and held it ransome until he got his rent. Can this really be done and what alternatives do I have as well as how long, or what is the minimum amount of time between a notice of eviction and an actual eviction?

: Thank you.

Under Article 7A of the NY State RPAPL the landlord must first give you 30 days notice to vacate the Apt., after that he must file for a holdover proceeding with the Local Housing Court. He cannot evict you unless he has the permission of the Court to do so. In your case this is a situation where you should get a lawyer to assist you. You may also file a pro-se action to enjoin the Landlord from taking any action against you

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