TenantNet Forum

Where tenants can seek help and help others



72 hour eviction and it's up 6/23/07 ! HELP

Moderator: TenantNet

72 hour eviction and it's up 6/23/07 ! HELP

Postby nikki05 » Fri Jun 22, 2007 4:28 pm

I got a 72 hour eviction notice and it states that the sheriff will be here 6/23/07 . I received the notice at 6/20/07 at 7:30 pm.
My lease expired 6/05/07. I am not living in any regulated housing. I live in Otsego County in upstate NY.
I went to court in the Town Court in the county on 6/13/07 and the landlord got the judgment against me as I said I did owe him the rent , but I needed time to pay, the judge said it's not up to him but to the landlord to give me the time. The landlord said if i can give him a partial amount i can stay for the month of June. I agreed.
I owe back rent for April and May. he did not count June's rent as the least expired on the 6/5/07.

I went to DSS, for emergency help and they approved to pay the landlord the back rent plus the rent for the month of June, for a total of $2,100. My monthly rent is/was $700
The social worker talked to the landlord in order for the landlord to put a hold on the evicition until they get the check out to him. The landlord told the worker, great he's getting his back rent, but the rent for June is now $1,400 and effective immediately all furture rents will be $1,400.
The worker told him that I can't pay $1,400 a month in future rents and he said then the eviction will proceed as scheduled.
The worker then advised me to relocate to cheaper housing and they will pay the cost for moving, security and the first months rent.

I do not know where to go for help, I have a family of 11, my grandkids, step kids, nieces and nephews who live with me.
I did however go to the county and supreme court in otsego county and they told me that they don't think I can file for an order to show cause for a stay of evicition, they say i need to file an appeal and a Judicial Intervention and it will cost me money as I have to file for an index number as they have no idea how to go about anything like this.
I told them that i read up some laws, they want me to bring the law that said that I can file for an order to show cause. I am in a terrible situation right now, as I can't find that law so i can quote it for them, plus how do i go about filing an order to show cause.
They don't have a lot of information about landlord/tenant and housing stuff in the court.
Can someone advice me on what do i do in order to get my order to show cause filed and get it signed by a judge.

Can the sheriff legally evict me on a saturday, if not can you point me to the law that states that he can't or can. I have no where to go, the social worker said that the shelters has no space for a family the size of mines. All I want is the judge to give me stay of the eviction .
If granted how long will the judge give me from past experiences. I need at least 30 days or so in order to get another place. I saw another place today but the landlord said it will not be ready for another month. I left a deposit on the place today as well. Any advice will be greatly appreciated.

The landlord even told the social worker that he if he rents to someone in the HUD program, he can get $1,400 a month so that's the reason he increased the rent. He even told us to go and apply for HUD, so he can get the $1,400 a month, but before the HUD will come through, as they have a waiting list, he wants us to pay him the $1,400 out right from our pockets, we can't afford that high rent.

I was unemployed for over 8 months, but I am back at work and doing ok, my husband is also back at work, we just had this financial problem for a few months. We rented from this landlord for over 3 years.
The emergency help we're getting from DSS, we ahve to pay it back, so please do not think that we are deadbeats as we are not.. Thanks for all the help in advance.
nikki05
 
Posts: 1
Joined: Fri Jun 22, 2007 2:34 pm

Return to NYS General Discussion

Who is online

Users browsing this forum: No registered users and 18 guests