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Re: landlord wants to evict me.

Posted by Will on August 28, 2001 at 11:15:35:

In Reply to: landlord wants to evict me. posted by yuki on August 28, 2001 at 03:44:57:

Since you say you are stabilized I will assume you are from NYC. First of all if the landlord wants to evict you purely based on the fact you have a dog then he will have trouble. Since he's let you keep the dog since 1996 he has exceeded the 90 window in which he could have tried to evict you. This is the NYC pet law...after 90 days the landlord is consider to have waived this part of your lease.

Now here are where you might have trouble:

If your dog died and you replaced it then the landlord has another 90 days for the new dog.

If you dog is proved to be a nuisance in court...i.e testimony from neighbors about the barking, or testimony that dog has bitten someone or testimony that they witnessed you dog doing his business in the hallways...the key is testimony. Otherwise the landlord has no case. If this is proven in court you will be asked to get rid of the dog to cure the problem and if you don't then you are subject to eviction.

Remind your landlord that you are aware of NYC pet law his 90 days is way over and any further discussion of the matter you consider harassment.


Will

: hi,my name is yuki.
: i've been having problems with my landlord.
: my apartment is rent stabirized.
: i have a dog(shepard mix) since april,1996.
: my landlord start to tell me that my dog burks all the time(which is not true).
: now they want me to move out from this apartment.
: my lease seid no cat no dog but when i moved in i asked the landlord
: if it's ok to move in with my cat(at the time i had a cat)
: and they said it's ok.
: so i started to have a dog little after.
: i even saw that super's son had a dog at the time.
: now,in my building i know one more person has a large dog.
: the owner of the dog also told me that he used to have a problem
: with the landlord.
: because his lease is as same as mine.
: so i told the landlord about him(the dog owner) and landlord said to me that he has a
: different lease.
: it's a lie.
: many people in this building has cats,too.(my land lord said cats are the same as dogs.no cats ,no dogs in this building.)
: i also have a son(2years old.)
: landlord said we make too much noise so my neighbor moved out because of my noise.
: i put carpet in my room and i was always quiet.
: i never wore shoes in my room ,i never play music loud.
: i don't know why they want to evict me.
: maybe i only pay about half price of rent than new people pays.
: so they want to evict me and raise the rent.
: i don't know what to do.
: i can't afford to pay lawyer.
: if you have any idea could you please write me back??
: i sent my rent by mail last month but my landlord sent it back to me said that they can't acceped
: my payment.
: so i don't know what to do for this month...
: shall i send my rent money to the landlord this month again,anyway??
: what is going to happen to me??
: please let me know what to do.......
: i'm so worried and scared to go out during the day.
: i hate to see super or the landlord...
: thank you so much.

: yuki
:


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