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Posted by Dayann on August 09, 2001 at 13:32:14:

In Reply to: evicted do to not getting along with the old fart up stairs. posted by no place else to go on August 07, 2001 at 18:52:32:

Whether it is true that the guy upstairs is an old fart or not is not for anyone on TenantNet to decide, and so I think on that issue there should have been "no comment."

NOW about that eviction. In New York City, if you can prove that you have paid rent and lived there for at least 30 consecutive days, that implies there is a landlord/tenant relationship and it entitles you to squatter's rights, which means that this guy can't toss you out on the street, he has to go to Housing Court and get a legal eviction.

Please tell us where exactly you are, you mentioned a county but not a city or state.

In most states, "self help" evictions (i.e., tossing someone's things out on the street and then changing the locks) are illegal and if your landlord does this, he'll be in deep s**t. Still, there are things you should do to protect yourself while you look for a new place to live. Get a safe or strongbox and put all your valuables and important papers in it, lock it and hide it somewhere so that if your landlord does try to illegally evict you, your things are safe. Get a PO box and have your mail sent there, a lot of landlords try to hold or tamper with mail as a means of harassment. This is especially important if you get checks, etc. in the mail. Always carry photo ID with the address on it, your most recent utility bill, and a letter addressed to you from when you first moved in, and if possible, your most recent rent receipt. Put it in your bag, wallet, pocket or pocketbook and never leave home without it. This way, if you arrive home to find the locks changed, you have proof to show to the cops (that you are who you say you are, that you live at that address, that you've BEEN living there for some time, and that you are a tenant) when they have to let you back into your apt.

Most states have laws against a landlord evicting you for making a legitimate complaint about the need for repairs, etc., in the apartment.

The person upstairs who floods your ceiling, is that the landlord, or is it another tenant? Do you live in a private house or an apt. building?

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Comments:
: Whether it is true that the guy upstairs is an old fart or not is not for anyone on TenantNet to decide, and so I think on that issue there should have been "no comment."

: NOW about that eviction.  In New York City, if you can prove that you have paid rent and lived there for at least 30 consecutive days, that implies there is a landlord/tenant relationship and it entitles you to squatter's rights, which means that this guy can't toss you out on the street, he has to go to Housing Court and get a legal eviction.

: Please tell us where exactly you are, you mentioned a county but not a city or state.

: In most states, "self help" evictions (i.e., tossing someone's things out on the street and then changing the locks) are illegal and if your landlord does this, he'll be in deep s**t. Still, there are things you should do to protect yourself while you look for a new place to live.  Get a safe or strongbox and put all your valuables and important papers in it, lock it and hide it somewhere so that if your landlord does try to illegally evict you, your things are safe.  Get a PO box and have your mail sent there, a lot of landlords try to hold or tamper with mail as a means of harassment.  This is especially important if you get checks, etc. in the mail.  Always carry photo ID with the address on it, your most recent utility bill, and a letter addressed to you from when you first moved in, and if possible, your most recent rent receipt.  Put it in your bag, wallet, pocket or pocketbook and never leave home without it.  This way, if you arrive home to find the locks changed, you have proof to show to the cops (that you are who you say you are, that you live at that address, that you've BEEN living there for some time, and that you are a tenant) when they have to let you back into your apt.

: Most states have laws against a landlord evicting you for making a legitimate complaint about the need for repairs, etc., in the apartment.

: The person upstairs who floods your ceiling, is that the landlord, or is it another tenant?  Do you live in a private house or an apt. building?


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