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TenantNet Forum Archives 1996-2002
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Posted by TenantNet on October 16, 1997 at 10:39:18:

In Reply to: EVICTION NOTICE posted by Gavin O'Mahony on October 14, 1997 at 23:46:25:

: Last week myself and my landlord signed a new lease. Today I recieved
: an eviction notice in the mail.

I'm assuming you're in NYC. You can't be evicted without going to
court -- read the material in the court section on the web site.
Such notices usually need to be served in person.

: Confused? So am I.My Landlord sent me
: two pre-signed copies of my new lease. I signed them both and sent one
: back to him a check for the first month's rent. The eviction notice which
: I just recieved talks about terminating our month by month aggreemt and
: asks that I remove myself from my home by Nov.7. It says nothing about the
: new lease.

Do you know if you're rent stab?

: When I called my landlord he claims not to have recieved my
: check and signed copy of the lease.

Always send these things certified mail.

: He declined to comment on his reasons
: for the eviction notice and hung up the phone on me.
: Between these two events (lease and eviction) something else occoured. I
: had a conversation concerning repairs to the appartment. There are holes
: floors, Plaster is coming away from the walls and ceiling, the stove doesnt
: work, the windows frames are broken, the wiring is faulty. My landlord has
: been promising to fix these things for two years but never has. I have
: a copy of and answerphone tape of him promising to fix these things as a
: precondition for my signing a new lease. Last week we spoke of these
: promises, he started skirking again and we had a heated discussion. Next
: thing I know I have this eviction notice.

Look at the "retaliatory eviction" section of the Real Property Law and
on the CTRC Fact Sheets.

: My Landlord is refusing to recognise my lease. However I have a copy of this
: lease signed by him and by me. That counts for something doesn't it?

Yes, but depends where you are and if you are protected. Rent Stab tenants
can be evicted for nonpayment or certain "for good cause". If not RS then]
the lease should spell out the eviction procedure.

: Does this eviction notice mean anything at all?

I wouldn't ignore it.

: If you can answer my questions, please do. I will be very grateful. Thank
: you.

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