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Posted by Lilly on November 19, 2001 at 21:47:31:

In Reply to: No lease and being evicted posted by adriana on November 19, 2001 at 21:36:31:

The bad news is yes indeed you need to find a place asap. The good news is that if you are not out of the apartment by Dec 1 the LL cannot, under any circumstances, change the locks, lock you out, put your stuff on the street, move your stuff from the apartment, or do anything, and I mean absolutely anything, to prevent you from being in that apartment once DEC1 rolls around EXCEPT he can then start what's called a holdover proceeding (eviction) in court to have you legally evicted. I could go on and on, but see the front page here at tenant net, scroll wodn towards the bottom and read about "Illegal Eviction and Police Procedure". You keep copies of all papers that show you have lived there (rent receipts, con-ed bill, phone bill, etc) anything that proves you live there. If on Dec 1 you are still there and the LL or anyone tries to remove you or prevent you from being in that apartment you go to the local police precinct and speak to a desk sargent, tell them you have been locked out.

Come Dec 1, LL must 1st serve you with papers, you have to appear in court and only a judge can issue a warrent of eviction, and then only a city marshall or sheriff can remove you and your things. Maybe yuo go introduce yourself to the local police precinct BEFORE Dec 1 and tell them the LL has threatened to lock you out.

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Comments:
: The bad news is yes indeed you need to find a place asap. The good news is that if you are not out of the apartment by Dec 1 the LL cannot, under any circumstances, change the locks, lock you out, put your stuff on the street, move your stuff from the apartment, or do anything, and I mean absolutely anything, to prevent you from being in that apartment once DEC1 rolls around EXCEPT he can then start what's called a holdover proceeding (eviction) in court to have you legally evicted. I could go on and on, but see the front page here at tenant net, scroll wodn towards the bottom and read about "Illegal Eviction and Police Procedure". You keep copies of all papers that show you have lived there (rent receipts, con-ed bill, phone bill, etc) anything that proves you live there. If on Dec 1 you are still there and the LL or anyone tries to remove you or prevent you from being in that apartment you go to the local police precinct and speak to a desk sargent, tell them you have been locked out.

: Come Dec 1, LL must 1st serve you with papers, you have to appear in court and only a judge can issue a warrent of eviction, and then only a city marshall or sheriff can remove you and your things. Maybe yuo go introduce yourself to the local police precinct BEFORE Dec 1 and tell them the LL has threatened to lock you out.


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