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Re: Asked to Leave after 7 years? Do I have any Rights?

Posted by Israel on November 03, 1998 at 22:00:37:

In Reply to: Asked to Leave after 7 years? Do I have any Rights? posted by dave newman on November 03, 1998 at 01:16:00:

For any eviction to happen you must be given proper notice. You stated you live in a private, two family brownstone for seven years. Good, find the original lease and get all your rent receipts (not for the last seven years, but at least for the last year). Wait for an eviction notice from Housing court and remember that only a housing court Judge can order you out of an apartment. You may receive personal letters from the landlord or their lawyer ordering you to move... Don't be afraid, You must receive a Housing court document called a Hold Over Petition, so that you can schedule a court date and have the Judge hear you side of the story. You may be offered money or time to move out outside of court chambers. DON'T sign anything their lawyer asks you to sign. Even if it is too good to be true, it never is. See the Judge and with both sides of the story the Judge will negotiate with you how much time you need to find a new place and move. Plus you can also extend that time with an Order to Show Cause which is explained in this site. But my best advice of them all is Never go to Housing Court alone. Either go with an Attorney or with a friend. Lawyers can be very intimidating and persuasive.

At this time get the Tenant Rights handbook from this site. Claim any repairs now, because they may keep your deposit and claim damages later. Call HPD if the violations are not taken care of fast enough and don't promise anything they can later use against you.

Good Luck.

Write back with you progress.

: Have been living in a Parkslope brownstone, there is an upstairs and until
: recently a downstairs neighbor. I have always paid my rent on time, only had a lease the first year. Then last month I went away on vacation, and someone broke in through the downstairs apartment which was vacant due to renovations, climbed up the stairs - used an axe to chop my door open and
: stole a couple thousand dollars worth of stuff. Then when I got home my landlady informed me "due to the disturbing breakin" she has decided I must move out. Grrrr... Do I have any rights at all in a situation like this? How long does an eviction process take? Should I withold rent? If I anger her, future landlords might be told I never paid my rent etc. Is
: anyone knowledgable about such matters? Thanks in Advance, Dave :(

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