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Eviction question

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Eviction question

Postby Newbronx » Wed Jul 10, 2002 4:08 pm

I have a strange situation and I was wondering if anyone could give me some advice. My boyfriend and I moved into an apartment in March, 2002. He was the only name on the lease. In June, 2002, he left town without telling me and didn't pay June's rent. I scrounged the $2,000 to pay the rent for June and received a receipt from the landlord. I can't afford the rent on a continual basis and am in the process of trying to find another place to live (I think we all know how difficult that is in this city). The landlord is telling me that I have to get out of the apartment. If I'm not mistaken, I'm considered a legal tenant if I've been there 30 days. I assume the June rent receipt would be enough as well as mail that I've received at home.

I guess my question is, do I need to worry about being thrown out? And if so, how long would it take to get me evicted. I am making a concerted effort to find a place, but the going is slow.

Any advice? Thanks for any help.
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Re: Eviction question

Postby ChrisG » Thu Jul 11, 2002 9:52 am

a true eviciton process can take months to go from the landloard announcing his intention to evict and the tenant actually being forced to vacate, so you sort of have some time. but make it easier on yourself and get out of that place quick!
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Re: Eviction question

Postby MikeW » Thu Jul 11, 2002 11:46 am

There is a flip side to this. Yes, the LL will have to go through a formal eviction procedure to get you out, and yes, you can stall that for a few months.

However, once a formal eviction is filed, you go into the court system's computer, which is a public record. This is picked up by private services, who then make that information available as a database to any LL who will pay for the service. If you show up in that database, you'll have a very hard time renting an apartment in your own name.
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Re: Eviction question

Postby Newbronx » Thu Jul 11, 2002 12:21 pm

thanks for the replies. My intention is to find a place by the end of July. The landlord is holding one months security, so (even though I know he doesn't have to use it toward any rent) I won't be leaving him too stuck. My concern is if it were to take me a bit longer than the end of the month to move, if I need to worry about being put out by the end of this month.
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Re: Eviction question

Postby Brooklyn Babe » Sat Jul 13, 2002 10:42 pm

You are a "Legal Occupant" because you have been there for more than 30 days and can show you paid rent. Before the eviction process starts, you must be served formally with a 30 day notice. The notice must be served prior to the 1st of the month.
So, if the LL wants you out he must serve the notice before the end of July, which should give you til about the end August to move. It is only if you do not leave after the 30 days that court proceedings may start.
I would not assert "lawful tenant" rights as it makes you responsible for the unpaid rent etc. You've paid your portion of June & August rent (1000. a mth right?). Let them go after your a$$hole ex bfriend, for the unpaid rent, he's the one who broke his lease not you. Just make sure you leave b4 the 30 day notice expires (take pictures, using that days newspaper, to document the condition you left he apt. in -so your ex can't sue you later). Save whatever $ you have so you can get a new apartment. Let the LL go after your ex for abondoning the lease.
Best of luck!
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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