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Eviction Notice--Help please!

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Eviction Notice--Help please!

Postby Donna D » Thu Jul 26, 2007 10:33 pm

I just received a three-day demand letter for overdue rent, which I do in fact owe but am unable to pay in full at this time. I would appreciate understanding the process and time line in Nassau County, what options I might have and if I can still avoid eviction of my son and myself if I come up with the full amount due in a few weeks.

Thank you.
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Postby TenantNet » Thu Jul 26, 2007 10:40 pm

To start, understand that a 3-day letter is not an eviction notice. It's not even court papers. But it can lead to both. So do two things:
a) educate your self on the process. Look in our court section.
b) do what you can to either come up with the back rent or a reason that's viable as a defense.
BTW, don't admit that you actually owe the money.
Last edited by TenantNet on Fri Jul 27, 2007 9:04 pm, edited 1 time in total.
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Jurisdiction

Postby Donna D » Fri Jul 27, 2007 7:35 pm

Please note that I live in Nassau County, not NYC, so I'm not certain that the same process applies. Also, please clarify how I can not admit that I owe the money.

Thanks.
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Postby Wary In NY » Mon Jul 30, 2007 11:14 am

As Donna pointed out, this site seems to only have detailed Court information for New York City.
I, too, am in Nassau County, and would love to find similar information for a Landlord-Tenant Court here in Nassau.
I've searched on this site & could not find information. Can you please help us out & direct us to it?

I've also called the COurts here in Nassau & have gotten a royal runaround. Best answeer I got from anyone is that the L-T part of District Court is "only for landlords to bring evictions" (quote from Court clerk). The clerk could not advise me where to bring actions against LL, only telling me to hire a lawyer. From what I've found, it seems there is no specific housing court in nassau county, and we have to avail ourselves of the Supreme Court, where it is virtually impossible to proceed without a lawyer.
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Postby cestmoi123 » Mon Jul 30, 2007 3:27 pm

You may not have to go to Supreme Court - Nassau has District Courts that handle smaller $ value items, and even city courts for issues below $15k:

http://www.nycourts.gov/courts/10jd/index.shtml
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Postby Wary In NY » Mon Jul 30, 2007 5:29 pm

Thanks for that link.

So to get a Court to issue an Order to a LL, for example to do repairs or to allow certain activities, or to stop certain activities on the part of the LL, and Not a Money Claim, would one go to the County Court, the District Court or a Town Court? My understanding is that if it is not a money claim, it has to go to Supreme Court.
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Postby cestmoi123 » Mon Jul 30, 2007 6:26 pm

Sorry, no idea. I suggest you call the courts (#s are in that link) and ask.
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Re: Eviction Notice--Help please!

Postby Watty » Thu Aug 09, 2007 9:52 pm

Donna D wrote:I just received a three-day demand letter for overdue rent, which I do in fact owe but am unable to pay in full at this time. I would appreciate understanding the process and time line in Nassau County, what options I might have and if I can still avoid eviction of my son and myself if I come up with the full amount due in a few weeks.

Thank you.


In my county the landlord must give a 3 Day Demand For Rent prior to serving the 30 Day Eviction. When 30 Days up Sherif comes and and takes your stuff out. The 3 Day is just a formality, just pay your rent asap and hopefuly he doesn't terminate your rental agreement for you violating it by not paying rent in timely manor.

-Watty
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Postby TenantNet » Thu Aug 09, 2007 10:01 pm

Watty, here's a warning for you. While we do allow landlords on the forum, we don't allow blatant inaccurate information.

In NY state, no person may be evicted without a court order. The demand notice is required and not a mere formality. if the Sheriff is evicting tenants without court orders, then he/she's violating the law.

Not only that, if you go along with a sheriff who evicts tenants without a court order, then you are potentially liable for a nice big judgment for the tenant in a civil action.
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Postby Watty » Thu Aug 09, 2007 10:23 pm

TenantNet wrote:Watty, here's a warning for you. While we do allow landlords on the forum, we don't allow blatant inaccurate information.

In NY state, no person may be evicted without a court order. The demand notice is required and not a mere formality. if the Sheriff is evicting tenants without court orders, then he/she's violating the law.

Not only that, if you go along with a sheriff who evicts tenants without a court order, then you are potentially liable for a nice big judgment for the tenant in a civil action.


Please read my statement, all I said is that the 3 Day must be served BEFORE the 30 day is served. By served I mean the paperwork is presented by the county as required by my local law in a certain order.
1) 3 Day Demand to Pay or Vacate (served and notorized)
2) 30 Day Eviction (served and notorized)
3) If tenant still not gone get emergency hearing from county court
4) Judge hears case and if landlord is in the right tenant must vacate in 24 hours or sherrif removes belongings to the curb side.

I actualy had one where a lady who was supposed to have 1 cat ended up having 13 cats and 7 dogs in a 3 bedroom apartment and refused to leave, you can just imagine the nasty mess we had. It took almost 60 days for me to get her out even though she was destroying my property. In my opnion tanats have too many rights in NY and it is the slumlords fault. It makes hard working landlords like myself not even want to be landlords anymore. Why supply affordable rent if your property is just going to be trashed? It is a different world down here. We have a lot of people that know a little too well how to work the welfare system and it makes it very hard for the honest tenants. I have gotten to the point where all of "their" application go straight to the trash can.

Thank you Tenant for letting my impose my landlord opinions. I'm just a hard working father of 4 strugling to make ends meet because tenants are costing me more then I make because of NYS protects them too much.
-Watty
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Postby Wary In NY » Fri Aug 10, 2007 10:18 am

What has become apparent to me is that in NY State (But NOT in New York City), a Tenant has basically NO RIGHTS.
Oh sure, a Tenant can withhold rent if he has an issue with a Landlord. That is risky - you risk eviction if a Judge decides you are in the wrong, and you risk a blot on your credit record. So what is a tenant who pays rent to do if the LL does not comply with the lease?
NOTHING.
I contacted the District Court, LL - Tenant section. They told me Tenant cannot sue there - it is only for landlords. Something like Small Claims won't work because there are no actual money damages to ask for - Small Claims cannot issue an Order to make a LL do repairs, etc.
The District Court then referred me to the County's Volunteer Lawyers. They told me they do not handle Landlord-Tenant disputes & referred me to a differnt Vol lawyers group. They told me they only represent tenants if they have been sued by the LL. They referred me to the NY State Housing depratment, and they told me they only would deal with issues regarding Regulated apartments - which the majority of apartments outsode of NYC are not.
So it turns out the sole alternative to get a LL to comply with the lease is to go to Supreme Court. The Clerks there are not at all helpful in helping someone to file without a lawyer, and they keep repeating the mantra "Hire a lawyer." Since there is no money damages being claimed, just asking for an Order, no lawyer can take case on a contingent fee. So a Tenant who wished to comply with his lease, and who expects his LL to do likewise, really has no alternatives in NY State other than to move - in my case, the lease has 10 months remaining, so I live here with a Superintendent who will not do anything needed, who ignores me, even if I see him, face-to-face, he smirks & ignores any word I say. The LL is afraid of the Super, so he won't do anything about it. So I am stuck unless I pay a lawyer - which in effect increases my rent two or threefold when you consider the fees I'll be paying a lawyer.

So maybe what we have here, in both the case of a Tenant & a Landlord, is that those who want to do the right things are the ones that have no rights.
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