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Supposed to vacate by 1/31 HELP!

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Supposed to vacate by 1/31 HELP!

Postby Momof2withASD » Tue Jan 26, 2010 8:54 pm

I currently live in a 2 family house above my landlord. We were issued a petition of holdover in August, went to housing court in October unrepresented and made the mistake of signing a stipulation agreement saying we would vacate on or before 1/31. We have been paying rent as specified on the stip. With less than a week to go I doubt I will move out by then. What happens from here? We thought 3 months was a reasonable of time to get into a new place, but we have had obstacles and faced lots of discrimination such as "Oh you have 2 kids, someone put a deposit on that place this morning, etc"

To further complicate the situation I have 2 young children on the autism spectrum. They have a slew of therapists that work with them at home. Moving now would mean they would have a gap in their services and might go weeks or even months without therapists. My husband and I have reason to believe that the reason for the eviction is because of the challenges that come with out childrens disability. We have regularly been harassed for noise the children make midday. (not excessive, falling, dropping forks and toys, occasional stomping which is actually a sensory issue)

My question is what is the timeframe to file for an order to show cause? We have not yet recieved a notice of eviction. Is it something we should do right ASAP or do I have to actually have a notice of eviction?

Should I expect the marshall to come knocking on the 31st, or should I have received a notice of eviction first? If I am still here, should I pay rent on 2/1? By paying rent am I buying myself a full month of time?

Any advice would be greatly appreciated.
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Postby queensborough » Thu Jan 28, 2010 8:23 am

I believe you have to receive the eviction notice before you can serve the order to show cause. You can do a search on this site, there's plenty of information available here, just type "order to show cause" in the search box. You really need an attorney.

Contact your children's case worker and explain the situation with the eviction. They may be able to help you with the housing issue since your children have special needs.
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Postby Momof2withASD » Thu Feb 11, 2010 12:50 pm

Thanks for the reply queensborough!

Just wanted to update that we were served with an eviction notice on Friday 2/5. I ran to housing court and filed an order to show cause, with documentation of my children's disability. We are due back in court 2/24. I served ll's lawyer in person and the marshall via mail. Anyone know what to expect at the next case? Also ll would not accept Feb rent and followed my husband outside Monday evening to yell at him. He accused us of not looking for a new place and basically told him we are making him sick.

As for the next court date, deo you think we will actually go before a judge or just talk to his lawyer? Is it reasonable to think an additional extension would be doable? Do you think any judge would kick out a family with 2 autistic kids who depend on their home therapy? Essentially evicting us would put a huge gap in my kids services.

Sorry about all the questions. You guys are great
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Postby TenantNet » Thu Feb 11, 2010 12:59 pm

Many Housing Court judges are in the pockets of landlords and/or their attorneys. Have you spoken with a tenant lawyer?
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Postby NYHawk » Thu Feb 11, 2010 1:16 pm

On Jan. 28th, before you were served with the notice of eviction queensborough wrote in bold letters:
You really need an attorney.

Is there any valid reason why you apparently ignored that very important advice? The answer is NO.

Are you not aware that you, your husband and your young children are facing the very real possibility of being evicted and becoming homeless in only about two weeks, in the middle of the winter?

So, instead of spending your time asking basic questions on this forum, you should go get a lawyer TODAY!!!!!!!!!!!!!

If money is a problem, there are many organizations that provide free lawyers for people who are in your type of dire situation.

Please use Google and find one TODAY...........
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Postby queensborough » Thu Feb 11, 2010 9:50 pm

Call your local councilman. They can sometimes be very helpful.

Don't waste any time trying to figure out what to do, get that lawyer ASAP. While you could get an extension to stay longer in your apartment, you can't count on that. You need to be prepared.

Have you been actively looking for a new place? What part of the city do you live in? If money is a problem you can contact Legal Aid for your borough, but please don't waste any more time.

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