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Posted by Anna on November 12, 1999 at 14:46:29:

In Reply to: Re: Mo's answer to eviction of shared apartment and loss of possesions posted by E. Wilcox on November 10, 1999 at 18:15:31:

: Thaks You for the response Mo. Yes I live in NYC,and yes, the landlord won his case against my roomate,and yes the apartment locks were changed by the marshalls and all of our things were putinto boxes in the basement of the building.
: because my name is not on thelease the landlord says that my possesions are considered to be my roomates by law.
: The landlord does not want risk being sued by my X- roomate if he gives me my things back. However he says that after 30-days
: if my x-roomate has not claimed my possesions I can have them if i have an attorney write
: up a document which states what items are mine --However the landlord says
: that if my X-roomate ever should find out I have taken my possesions and
: decides that he wants to stake a claim on them for one reason or another
: and take the landlord to court over this - I will be responsible for paying the
: landlords legal fees- (this is what the landlords attorney told me on the phone)
: I just want my clothes, furniture, legal papers, checks, etc back!!!!Any ideas?

It sounds like your 'roommate' did not live there: if so, he's was not your 'roommate', he was your landlord & you were his landlord's illegal subtenant: please clarify.

The landlord used a non-payment eviction proceeding? I'm not 100% sure, but I think the landlord was supposed to sue you in court to evict you also. Why did you not know about your 'roommate's' eviction until after the Marchall locked you out?

Read more about the eviction process on Tenant.net, including the Illegal Lockout Procedure on the HomePage.

Then go to Housing Court, get a photocopy of the case, take it to the Pro Se attorney or a Tenant Clinic. Or call Met Council or CityWide Task Force: I think you can file an Order to Show Cause to restore your tenancy or at least to get your stuff. Write that list first.

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Comments:
: : Thaks You for the response Mo. Yes I live in NYC,and yes, the landlord won his case against my roomate,and yes the apartment locks were changed by the marshalls and all of our things were putinto boxes in the basement of the building.
: :  because my name is not on thelease the landlord says that my possesions are considered to be my roomates by law. 
: : The landlord does not want risk being sued by my X- roomate if he gives me my  things back. However he says that after 30-days 
: : if my x-roomate has not claimed my possesions I can have them if i have an attorney write
: : up a document which states what items are mine --However the landlord says 
: : that if my X-roomate ever should find out I have taken my possesions and 
: : decides that he wants to stake a claim on them for one reason or another
: : and take the landlord to court over this - I will be responsible for paying the 
: : landlords legal fees- (this is what the landlords attorney told me on the phone)
: : I just want my clothes, furniture, legal papers, checks, etc back!!!!Any ideas?

: It sounds like your 'roommate' did not live there: if so, he's was not your 'roommate', he was your landlord & you were his landlord's illegal subtenant: please clarify.

: The landlord used a non-payment eviction proceeding?  I'm not 100% sure, but I think the landlord was supposed to sue you in court to evict you also.  Why did you not know about your 'roommate's' eviction until after the Marchall locked you out?

: Read more about the eviction process on Tenant.net, including the Illegal Lockout Procedure on the HomePage.

: Then go to Housing Court, get a photocopy of the case, take it to the Pro Se attorney or a Tenant Clinic.  Or call Met Council or CityWide Task Force: I think you can file an Order to Show Cause to restore your tenancy or at least to get your stuff.  Write that list first.


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