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Illegal Eviction by Roomates?

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Re: Illegal Eviction by Roomates?

Postby Brooklyn Babe » Sat Aug 24, 2002 11:41 am

If your roomates want you out of the apartment, they must bring a proceeding against you in Housing Crt. (Holdover or Non Payment). Changing the locks is an illegal eviction, that makes them liable for treble damages.
You may want to go to Housing Crt on Monday and file an Order to Show Cause and tell a judge that you have been locked out of your home by your roomates. Ask the Clerk or Pro Se atty what the procedure is...Call the utilities companies and get an account print out to prove your residency there...
You may also want to call the police to escort you back in to the premises. Your rommates must provide you with a copy of the key.
Regardless, of if you have given a vacate date to them, or haven't paid rent etc... changing the locks is illegal unless they have a court order (warrant to do so) prior to you vacating. The LL has very little say in this matter as you rented from the sisters not here, and he can't prevent your access either.
If you can handle it live out the remainder of your month in the apartment. Why should you be further inconvenienced?!?
The above information is from a non-attorney tenant activist and is not considered or to be used as legal advice.
Brooklyn Babe
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Re: Illegal Eviction by Roomates?

Postby polypam » Sun Sep 08, 2002 1:44 am

This is completely illegal, what your roommates are doing. If they were to evict you, they need to give you a proper 30 day notice of eviction and if you don't move out by then, they can take you to court (but since you were already planning on leaving, that wouldn't be necessary). Changing the locks is also illegal and you can take them to court.
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Re: Illegal Eviction by Roomates?

Postby jponder » Thu Oct 24, 2002 2:18 am

hello there...i'm going through the same thing right now, too.

you can also press charges for theft. they could go to jail becaus they are, in effect, stealing your property for their own use by changing the locks on you.

in these cases, though, it looks like the proof is in the pudding...
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Re: Illegal Eviction by Roomates?

Postby MikeW » Thu Oct 24, 2002 12:05 pm


Illegal eviction is a crime unto itself. I don't think the fact that you have an illegal eviction case give you a prima facia theft case. If you get back in the apt and all your stuff is still there, no theft. However if you get back in and stuff is missing, and you can prove it, well, that's another story.
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Location: New York, NY

Re: Illegal Eviction by Roomates?

Postby jponder » Fri Oct 25, 2002 2:49 pm

yes, you're probably right.

do you know what? this is also mentally horrible. i don't know if this has happened to anyone else here, but i feel guilt...even though i know my side of the story, have proof, paperwork, whatever, people still make the whole thing out to be my fault, or unimportant.

people who participate in things like this are really shameless.
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Re: Illegal Eviction by Roomates?

Postby Angela » Fri Oct 25, 2002 4:46 pm

Hello! It happened to my family too. The only difference that I was locked out by super and his cousin manager. I did call to police and they made the super to give me the keys, but.... they never made a scene report. When later I came to precinct because I want to have a report of what happened, my call to police was not receorded anywhere, so it looks as it never happened. So my advice to you - if you are going to call to police, demand a police report!!!!

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Joined: Mon May 20, 2002 1:01 am
Location: NY

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