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24 hour eviction?

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24 hour eviction?

Postby ciale » Sat Aug 10, 2002 11:13 pm

A tenant has just been told that his lease will be renewed with a proviso: Rent must be paid on time for the duration of the new lease, every month. He has been asked to sign an agreement that if his rent is not received by the landlord by the 15th of the month, the landlord will have the right to evict him as of the 16th of that month.

The tenant has not signed any such agreement as of this date. However, I wonder if this is legal.

The tenant has been in the building for some 20 years and has, in recent years, had a history of paying the rent late, including late fees, with no previous complications.

Again, I have to ask, is there any legality to the landlord's demand?
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Re: 24 hour eviction?

Postby ciale » Sat Aug 10, 2002 11:30 pm

I'm sorry. This got posted to the wrong topic. S/b General, I suppose. Still, any replies are always welcome. Thanks for your forgiveness on the mispost.
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Re: 24 hour eviction?

Postby Cranky Tenant » Sun Aug 11, 2002 4:22 am

The landlord can begin legal action on the 16th, but actually trying to evict would be a denial of due process.
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Re: 24 hour eviction?

Postby TenantNet » Sun Aug 11, 2002 9:38 am

If the tenant has been there for 20 years, chance are he/she should be rent stabilized, right? Any change like that would be a change in the lease and not permitted - the LL is required to renew RS leases with no changes other than the rent. Late fees are also not always enforceable, but that's another discussion. Cranky is correct, the LL can't evict without going through court - a month at a minimum. But the LL can start the process rolling. First the tenant must receive a 3-day notice to pay, then can be served with court papers. If not regulated (should check if it SHOULD be regulated), the tenant might have to go along with the LL just to get a lease renewal, but understand evictions for anyone don't happen that quickly - there must be a court process.
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