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Posted by Anna on July 28, 1999 at 13:32:33:

In Reply to: Locked out posted by Noel Lansing on July 28, 1999 at 08:48:57:

: This is for NYC- By stipulation, the court ordered that a tenant has the right to stay in the apartment through the month of July. The stipulation says that the tenant is to leave on or before July 31. On July 24 most of the tenant's furniture is moved out and on July 25 the landlord changes the lock on the apartment door so that the tenant can't get back in to get the rest of the tenant's belongings. The tenant has followed the stipulation but is locked out and can't remove anything from the apartment and can't contact the super. Is this legal? What can be done to get the rest of the tenant's belongings?

Goto: http://tenant.net/Rights/illevict/illevict.html or click below. right now & print it out, two copies:
one for you & one for the police dept.

read it carefully. follow it's advice (similar to Mark's but more detailed)

even if the police get you back in & you get your stuff out: file an Order to Show
cause: they violated the stipulation and several laws: one of them allows the judge to
give you triple damages: you have to ask for them in the OSC. (if I remember where
that is, I'll let you know)

if going to the police does not get you back in today: go to Housing Court before
5:00pm & file that order to show cause (Thurs= 8:00am to 7:00pm). today is Wed: you
can call Met Council all afternoon, too.

Mark's answer:
: Contact your local police precinct, tell them what happened, and show them the
stipulation. They should be able to help you get back in, possibly with the assistance
of a locksmith. When you get the rest of your belongings out of the apartment, bring a
motion in housing court to punish your landlord for contempt. At the very least, you
should get the locksmith's fee back from your landlord.

:

• Illegal Eviction & Police Procedure

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Comments:
: : This is for NYC- By stipulation, the court ordered that a tenant has the right to stay in the apartment through the month of July. The stipulation says that the tenant is to leave on or before July 31. On July 24 most of the tenant's furniture is moved out and on July 25 the landlord changes the lock on the apartment door so that the tenant can't get back in to get the rest of the tenant's belongings. The tenant has followed the stipulation but is locked out and can't remove anything from the apartment and can't contact the super. Is this legal? What can be done to get the rest of the tenant's belongings?

: Goto:   http://tenant.net/Rights/illevict/illevict.html   or click below.   right now & print it out, two copies:
:     one for you & one for the police dept.

:     read it carefully. follow it's advice (similar to Mark's but more detailed)

:     even if the police get you back in & you get your stuff out: file an Order to Show
:     cause: they violated the stipulation and several laws: one of them allows the judge to
:     give you triple damages: you have to ask for them in the OSC. (if I remember where
:     that is, I'll let you know)

:     if going to the police does not get you back in today: go to Housing Court before
:     5:00pm & file that order to show cause (Thurs= 8:00am to 7:00pm). today is Wed: you
:     can call Met Council all afternoon, too. 

: 
: Mark's answer:
:     : Contact your local police precinct, tell them what happened, and show them the
:     stipulation. They should be able to help you get back in, possibly with the assistance
:     of a locksmith. When you get the rest of your belongings out of the apartment, bring a
:     motion in housing court to punish your landlord for contempt. At the very least, you
:     should get the locksmith's fee back from your landlord.

:     : 


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