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what exactly is eviction procedure?

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what exactly is eviction procedure?

Postby SheldonF » Mon Jun 03, 2002 11:06 am

If I am able to persuade my LL that he cannot remove me illegally, by harassment/lockout etc, and he chooses to start eviction proceedings, what steps would he have to take? -- in other words, what is standard eviction procedure? Does he have to have "grounds?" (for example - nonpayment of rent?) -- I have paid in full, and never been late - he wants me out for personal reasons. Can he still evict me?
SheldonF
 
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Re: what exactly is eviction procedure?

Postby Brooklyn Babe » Mon Jun 03, 2002 11:51 am

I'm adding my response based on private mult. dwelling rules. If someone out there has different info. that may apply to Co-op's, please post. To my knowledge it is the same procedure.
Yes, as I said before, he can evict you as you are a month to month tenant with no lease (see my answer to your first post). If he serves you a 30 day notice and you do not move he must go to court and bring a "holdover" proceeding against you.
READ: City-Wide Task Force on Housing Court, Inc. Information Sheet "HOLDOVER"
http://www.tenant.net/Court/Howcourt/holdover.html
The only gaurantee you have on extending the time (besides a Judge's order) is if your LL does not follow the proper procedure i.e. service of papers. If not followed correctly, you may have the case dismissed.
Basically, only a judge can decide if you will be granted additional time to move out.
As for the threats and illegal actions, my suggestion is to call the police for every violation, so that you have documentation of his activity. Another suggestion is to videotape and/or tape his actions. You may be able to appeal to the district atty.'s office to have criminal charges pressed.
Please print out a copy of the "Illegal Eviction Procedure" on TenantNet homepage.
I should warn you that most Housing Crt. Judges will direct you to sue seperately in civil court regarding the threats, illegal eviction etc...
Best of Luck!
The above information is from a non-attorney tenant activist and is not considered or to be used as legal advice.
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