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Posted by Dana on July 02, 2000 at 11:19:11:

In Reply to: wrongful/retalitory eviction posted by windy carlson on July 02, 2000 at 05:22:48:

: i have lived in my aparment with my husband and my 4 kids and i am being evicted now do to my complaint to managment about our apt,we havd know heater for 2 months and we had also no stove and also water damage due to pore pluming we have had sueage leak down in the walls and the county building inspecter had to come out to get them to fix the problem ..after we called the county and got them writen up for the work to be done with in a period of time,we were served to vacate ,and now a unlawfull detainer. we have to go to court but what do we say to the judge ?
: i have it all on video camera and picture from the camera..
: is this legal for them ,and do you have any helpful info for me "please"

: windy and erik carlson :-) and our kiddeos

Here in NYC or maybe all of NYS, we have an actual law which says that any eviction, except for nonpayment, is presumed to be retaliatory if it occurs within six months of reporting the landlord to the authorities. The landlord then has to prove that he has 'clean hands' and there exists another better reason to evict the tenant. You can read more about it on Tenant.Net, either in the NY Tenant page on on the Court page. The law is posted too, I think. Even if you're not in NY, read these articles: they really explain "retaliatory eviction" very well. You can search for that term on Tenant.Net too. If you're not in NY, read it anyway, then look for your state on the homepage. Note: our law is not part of the landlord-tenant eviction law, it's elsewhere: yours may be too.

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Comments:
: : i have lived in my aparment with my husband and my 4 kids and i am being evicted now do to my complaint to managment about our apt,we havd know heater for 2 months and we had also no stove and also water damage due to pore pluming we have had sueage leak down in the walls  and the county building inspecter had to come out to get them to fix the problem ..after we called the county and got them writen up for the work to be done with in a period of time,we were served to vacate ,and now a unlawfull detainer. we have to go to court but what do we say to the judge ?
: : i have it all on video camera and picture from the camera.. 
: : is this legal for them ,and do you have any helpful info for me "please"
:  
: : windy and erik carlson :-) and our kiddeos 

: Here in NYC or maybe all of NYS, we have an actual law which says that any eviction, except for nonpayment, is presumed to be retaliatory if it occurs within six months of reporting the landlord to the authorities.  The landlord then has to prove that he has 'clean hands' and there exists another better reason to evict the tenant.  You can read more about it on Tenant.Net, either in the NY Tenant page on on the Court page.  The law is posted too, I think.  Even if you're not in NY, read these articles: they really explain "retaliatory eviction" very well. You can search for that term on Tenant.Net too.  If you're not in NY, read it anyway, then look for your state on the homepage.  Note: our law is not part of the landlord-tenant eviction law, it's elsewhere: yours may be too.



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