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Posted by Anna on March 12, 2000 at 22:06:15:

In Reply to: eviction posted by Michaael Danforth on March 12, 2000 at 12:30:13:

: I live in Schenectady New York and my landlord has sent me a letter from himself personaly, not from any legal court or anything, saying that I have 3 days to vacate the premises. Does he have the right to evict me without going to court? Also can he start legal proceedings if the rent is only 11 days late. Also the rent is in the mail should I cancel the check and move out. We also have a one year lease that is not up until Sept.

Sounds like a 3-day notice. Does it say something like: "pay this by x date or I'll start eviction proceedings"

Read the Tenant Guides re basic NYS tenant rights here:

http://www.tenant.net/Rights/

Read about the Non-Payment Eviction Proceeding here:

http://www.tenant.net/Court/Howcourt/contents.html

No, he can't evict you without going to court.
Yes, he can and may have started the process at only 11 days late.
No, don't move out.
No, don't just stop payment on the check: call him, tell him when you mailed it, offer to replace it if he doesn't receive it within a couple of days, then follow up by recording you conversation in a letter that you mail to him RRR.

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Comments:
: : I live in Schenectady New York and my landlord has sent me a letter from himself personaly, not from any legal court or anything, saying that I have 3 days to vacate the premises.  Does he have the right to evict me without going to court?  Also can he start legal proceedings if the rent is only 11 days late.  Also the rent is in the mail should I cancel the check and move out.  We also have a one year lease that is not up until Sept.

: Sounds like a 3-day notice.  Does it say something like: "pay this by x date or I'll start eviction proceedings"

: Read the Tenant Guides re basic NYS tenant rights here:

: http://www.tenant.net/Rights/

: Read about the Non-Payment Eviction Proceeding here:

: http://www.tenant.net/Court/Howcourt/contents.html

: 
: No, he can't evict you without going to court.
: Yes, he can and may have started the process at only 11 days late.
: No, don't move out.
: No, don't just stop payment on the check: call him, tell him when you mailed it, offer to replace it if he doesn't receive it within a couple of days, then follow up by recording you conversation in a letter that you mail to him RRR. 


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