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HOW LONG BEFORE LANDLORD CAN EVICT ME?

Rights for non-regulated tenants

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HOW LONG BEFORE LANDLORD CAN EVICT ME?

Postby sarapat » Tue Mar 06, 2012 1:25 pm

I withheld rent this month [March] because of "non-habitable" conditions.

Landlord said they will evict me and they can throw me out asap as it is not a rent-regulated apt.

Does anyone know how long I have? Do I at least have 30 days or it that only for regulated apartments?
sarapat
 
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Postby TenantNet » Tue Mar 06, 2012 1:57 pm

I think you mean unhabitable, not "non-habitable."

If the LL tries to evict you without going through the courts, then you should go to the police. At the smallest hint they will take matters into their own hands, then go to the precinct and ask to speak to someone who is in charge. They will try to not deal with it, but you want to speak to a higher ranked officer. Most police know nothing about this and often take the LL's side without question. So you need to speak to higher ups before the LL tries to take action.

See the info on illegal evictions in the Forum's Reference section.

To get you out, the LL must take you to court. Even if not rent regulated, they still must go to court. The number of days has to do with service requirements, not to when you would have to leave.
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Postby sarapat » Tue Mar 06, 2012 2:58 pm

Thank you so much.

Does the landlord have to wait at least 30 days for the rent before he can file in court for eviction. I withheld just at the beginning of this month so it has not yet been 30 days of no rent.

Will he have to wait until at least March 31 before he can file in court to evict me? I suppose the court process may take another month after eviction has been filed - so would it be realistic to asume that I would not have to leave the actual physical permises until April 30.
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Postby TenantNet » Tue Mar 06, 2012 3:17 pm

The LL can file whenever they want. Don't think you have 30 days (where did you get that idea?) Read the court section of the web site on non-payments.

If the issue is habitability, then start doing you homework, get photos, make complaints to 311 and send letters to the LL. That will be your defense, so get on the ball.

Don't just wait and expect to be evicted. That's stupid. It sounds like you want and expect to be evicted.
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Postby Emeraldstar » Tue Mar 06, 2012 10:40 pm

Hi All
Keep a copy of your lease with you as well as some utility bills to confirm to the police you are the tenant of record should the LL try an illegal lockout. Read up on illegal lockout on the forum. There is info on what the police should know on handeling a lockout.
Agree with TN. Witholding rent is the very last resort after repairs/issues are not satisfied. If you have not sent the LL a RRR letter then had whatever agency come for inspections through 311 then it's best to do so while still paying the rent as well. Should you end up in court these efforts are your documented proof that the LL is non compliant and you are paying for services your not getting. Keep copies of everythig and the complaint #'s of 311 calls.
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