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How to Fight an Illegal Eviction

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  • 05-02-2005, 03:54 AM
    manny20
    How to Fight an Illegal Eviction
    on march 25, 2005 I was ask to move within 2 months then changed it to asap. my landlord refuseD the rent on april 1, 2005. she said she needs the place. i AM UMEMPLOYED RECEIVING UNEMPLOYMENT CHECKS. I told her I need time. On april 12,2005 she started to threaten me USING her brother title who is NYPD(my stuff will be in the street) later on she gave her friend my phone # to call me and intimidate me then on april 15 she cut off my internet and cable services. I told her of my problem trying to get a new place with an unemployment check and i AM TRYING HARD TO GET A NEW JOB AND I WILL Try to move on or after may 1. on april 30th she took out the refrigirator, the stove and the sink. I am in a basement apartment with no food, no water. I had a filter on the sink for my use and i TAKE MEDICATION NOW i AM FORCE TO DRINK BATHROOM WATER. i HAVE TO BE HERE FOR AT LEAST 2 WEEKS BECAUSE i AM WAITING FOR 3 JOBS i TOOK EXAMS FOR TO CALL ME. ADVISE ME ON WHAT TO DO.
  • 05-02-2005, 10:49 AM
    aaron
    Interference with Possessory Interest
    There is a substantial probability that your landlord is engaged in acts of constructive eviction, or interference with your possessory interest, under the laws of your state. Given your present financial circumstance, I suggest you contact a local legal aid office about your situation. They may be able to help, or to provide you with the name of a local attorney who can assist you.

    You also may wish to check to see if you qualify for emergency housing aid, which can help you relocate. If such aid is available, the legal aid office may be able to suggest an agency which you could contact.
  • 05-02-2005, 05:16 PM
    manny20
    i live in new york in long island. I found out that she was renting to me illegally (no stove, no kitchen in the basement.) also new york state(nassau county) states that every notice has to be in writing and that from the day she told me to move I had till june 1 and has long i am in the premise she cannot do what she did but she did. she could not give me writing notice. I am going to take your advise but If you come up with something better for me please do email, thank you for your time.
  • 05-05-2005, 09:37 PM
    Miranda'sMom12
    I completely understand your position. 5 years ago I was in the same predicament as you. My landlady told me to leave after she double my rent (she went from 625 for a one bdrm bsmt illegal - illegal to now asking for 1200 cause she said that was the "fair market rent" for a 1 bdrm, not true). Anyway I told her I would move but needed some time to get the money for a new apt. I tried to pay rent but she wouldn't take it. Then she got nasty. She had a friend of hers an electrician come and shut off my electricity (I had a new born baby who drank formula). She worked days and me nights so early in the morning she would bank hard on the floor above my bedroom. Then her final act was to wait for me to leave one day (went to look at an apt in NJ) and I came home to find the door of my apt. broken down and my apt a complete mess. I called the police and they informed me that there had been a fire that afternoon and it was ,my fault cause the landlord told them I left something on cooking on the stove. I asked when the fire took place and they said mid afternoon. I explained to them I left early morning (8 am) and that nothing was on the stove not to mention if I did leave something on the stove it wont have taken 8 hours to finally casue a fire (she had put an egg, shell and all in a very small sauce pan). Anyway later on I found out that I should have called to report the illegal apt. before I left so a representative could come down and see that is was an illegal apt. The reason being (not sure if this is true where you live but this what a lawyer told me) that I could have sued for my rent back. She also would have been heavily fined and she would have been forced to disconnect all the utilities and take out the fridge and stove and she would have been put on some list the city has to keep an eye on people who rent illegal apts to make sure they don't try to rent it again. Not saying this will happen in your case and since she took all your appliances out all ready (I tried to report the apt. after the fact but the city rep. couldn't do anything because there weren't any appliances in the apt anymore but he did believe me just didn't have proof) you may have a hard time proving its illegal. If I was you I would record all phone calls/conversations with her and her friends even her cop brother ( I have 3 cop brothers and they told me they would get into a lot of trouble if they tried to intimated anyone) and see if after you move you can sue for harassment.
  • 05-05-2005, 09:45 PM
    Miranda'sMom12
    I found this great website pertaining to illegal apartment issues in NY. Hope this helps
    http://www.geocities.com/creedcivic/...port%20illegal
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