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  1. #1

    Default Wrongful Eviction

    My question involves landlord-tenant law in the State of: New York

    Help! I'll try to be brief. About 6 months ago my children were involved in a dispute with the super's kids. One of his kids is a trouble maker - just recently running away. Since that dispute the super's wife has constantly harassed me by intimidation. She filed a false report that I've been throwing my garbage on the side of the dumpsters. I have tried countless times to contact property manager, but to no avail. I feel the super's wife is abusing her "position" because she doesn't like my children (who by the way are very well behaved, attend Christian school, honor kids). Well the past few weeks things got heated - Her and her husband were sticking their tongue out at my daughter, making faces and calling her a b**** (I filed a police report). Well last week I had about enough and I confronted the wife. Five days later I get a notice to quit. I'm being evicted. This is harassment by intimidation. Anybody have any advice? I plan on going to trial on this one, as I feel I have a good case.

    thanks

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
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    16,307

    Default Re: Wrongful Eviction

    Quote Quoting joanna_carrington
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    Anybody have any advice? I plan on going to trial on this one, as I feel I have a good case.
    Take a lawyer with you, obviously.

    On what grounds are you being evicted? RentLaw says you need to violate a significant and substantial portion of the lease to be put out.

  3. #3
    panther10758 Guest

    Default Re: Wrongful Eviction

    You are on a lease or month to month? The notice to vacate said to be out by when? These are important questions

  4. #4

    Default Re: Wrongful Eviction

    Quote Quoting LawResearcherMissy
    View Post
    Take a lawyer with you, obviously.

    On what grounds are you being evicted? RentLaw says you need to violate a significant and substantial portion of the lease to be put out.
    The notice to quit said I am being evicted because of harassment of landlord's employee and his family. But it's the other way around. They've done nothing but intimidate me and try to use their status to get away with it.

  5. #5

    Default Re: Wrongful Eviction

    Quote Quoting panther10758
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    You are on a lease or month to month? The notice to vacate said to be out by when? These are important questions

    I am on a lease, and in sept. 2007 I just renewed for another two years. I received the notice on April 11, 2008 and it said I had to be out by April 28, 2008.

  6. #6
    panther10758 Guest

    Default Re: Wrongful Eviction

    Unless you have breached the contract they cannot ask you to leave. You can remind them of this or ask for a buyout (get this in writing) also as the lovely LRM suggests find an Attorney

  7. #7

    Default Re: Wrongful Eviction

    Quote Quoting panther10758
    View Post
    Unless you have breached the contract they cannot ask you to leave. You can remind them of this or ask for a buyout (get this in writing) also as the lovely LRM suggests find an Attorney

    The letter they sent me stated that I violated the lease referring to a paragraph in my lease which states some things about being a nuisance. Meanwhile, the superintendent's wife is the one causing all the problems. Today I spoke with another tenant who moved about six months ago, and he told me she did the same thing to him - reported things to management that weren't true just to get rid of him. He now lives in another state but he told me he would be more than happy to sign an affadavit to this effect. By the way, when I received this notice to quit, it was the FIRST time I heard anything about me harassing these people. If I were that bad wouldn't (or shouldn't) they have sent me earlier warnings about this??? And wouldn't they need to be able to prove this said harassment (which will be impossible because it never happened!)

  8. #8
    Join Date
    Jan 2008
    Location
    Toledo, OH
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    16,307

    Default Re: Wrongful Eviction

    The letter they sent me stated that I violated the lease referring to a paragraph in my lease which states some things about being a nuisance.
    "Nuisance" generally refers to things like throwing wild parties, sparking up a doob in the hallways, dealing drugs from your apartment, and generally making the other residents miserable with your antics.

    You don't sound like you're up to those kinds of monkeyshines.

    Can you please copy the paragraph in question here?

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