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handwritten eviction notice from an illegal apartment

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handwritten eviction notice from an illegal apartment

Postby babychichi » Fri Jan 30, 2009 10:28 pm

please help me!!

I have a month to month lease here. One night I put a picture up (using a hammer) and I woke the landlord up (accidently). Before she came downstairs, she banged on the floor (she said this was my warning). She came downstairs to tell me to stop. She continued to tell me that she could hear me talking at 1:30am the previous night. I became angry because I wasnt and I dont like people accusing me of doing things that I havent done. We didnt exchange any words but I closed the door in her face. The next morning I saw a hand written eviction notice telling me that I have to leave by March 1. Many people have told me that since its handwritten, I dont have to follow it unless its from the court. Is that true? Thanks!!!!!!!!!!!!!

Additionally, Im pretty sure this is an illegal apartment. Does that factor into this at all?
babychichi
 
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Postby TenantNet » Sat Jan 31, 2009 5:53 am

It may not matter if it was handwritten, but I would think more important is what exactly it said, how it was said and how it was served on you.

First, in situations with live-in landlords, people often get hot under-the-collar and later let things blow over. Sometimes.

I would essentially ignore it. I would even not acknowledge receiving it. How can the LL prove you got it, or prove she even sent it?

It's not an eviction notice. It would be a Termination Notice. If you are still there after March 1 (if it's legal) they would have to take you to court to get you out.

There are topics in the Forum's reference section that address this. Look at the Illegal Conversions topic.
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Postby babychichi » Sat Jan 31, 2009 10:30 pm

the apartment is illegal. I went to the DoB site and there is no CoO for my "apartment". She has four illegal units here including mine. Since its illegal, do I have to leave by 3/1/09?
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Postby TenantNet » Sat Jan 31, 2009 10:42 pm

The lack of a Certificate of Occupancy (CofO) does not necessarily make the unit illegal.

How many units in the building? Where is the unit located (which floor)? Is it registered with HPD?

Even if it is illegal, that does not mean you necessarily must leave. Only a court can evict you (or a DOB order if the building has structural problems).

If the LL just changes keys without going to court, that's an illegal eviction (see the reference section on that).
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Postby babychichi » Sat Jan 31, 2009 10:47 pm

the landlord lives upstairs. When I come in, my bedroom and living room are on the main floor. downstairs (basement) is my kitchen and bathroom. there is a girl living there (basement) as well. In the back of the house is a shed where a woman lives. There is also a couple living here.

I think thats four units.
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