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3 day notice paranoia & question

NYC Housing Court Practice/Procedures

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3 day notice paranoia & question

Postby treehouse » Sat Nov 08, 2014 10:28 pm

I'm buying a ticket home for a mandatory trip due to family emergency and upcoming holiday... but I'm scared I'm going to be served with a 3 day eviction notice once the landlord watches me leave with a suitcase.

Some details: I'm newly month to month, but when I sent payment after receiving the latest bill, I then was told to vacate immediately. I informed them I had paid rent, a week later, they pop up again demanding I vacate immediately, threatening legal action, and verbally told me they weren't tendering any more rent. No 30 day notice or formal notice. I fully expected a 30 day period to terminate the month to month.

I'm paranoid they will claim rent was only accepted by accident with their lockbox,proceed like I'm a holdover and get a 3 day notice during the holidays when I'll be away, and can't defend myself or move my belongings if a Marshall proceeds.

What do people do if they're out of town?
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Re: 3 day notice paranoia & question

Postby TenantNet » Sun Nov 09, 2014 5:53 am

You say you're month-to-month, but you don't tell us the status of the apartment ... is it rent regulated, SRO, or what? If the LL claims it's not rent stab, do you think it should be? Have you checked with DHCR? Did you ask for a lease if it's a SRO?

You say you're worried about the holidays when you're gone, but that's a few weeks away and you also say it's an emergency. Which is it?

You don't tell us why the LL wants you to vacate. We don't want the gory details, but is it because you withheld rent, or did something they don't like (or the LL thinks you've done something)?

As you might know, the LL can't just change the locks. That would be illegal and most likely criminal. Go to the police if that happens.

If not regulated in reality, then yes, you are entitled to a 30-day notice (see the post on this in this forum's reference section). After that, they can start a holdover in housing court.

A 3-day notice is a prerequisite to a court proceeding, but only for non-payment. But you've said you have paid rent. The holdover requires the 30-day notice to quit, then a Petition and Notice of Petition that starts the court proceeding. And once you're in court it's unlikely anything would happen overnight.

A marshall does not come after a three-day notice. Your fear of immediate eviction is too great.

So if you're going out of town immediately, it seems to me that all you would get right now (legally) is the 30-day notice.

If they continue with the "leave immediately" tell them to send you the 30 day notice required by law, and if they sidestep that, give them the info on illegal evictions (also in the reference section). Sounds like they just want to be bullies. You can also go to the police ahead of time to alert them that something might happen. They won't do anything right away but you might find someone that's sympathetic and be aware of things.

In the meantime, prepare for the eventuality of their going to court. Check with DCHR. See if you have a right to a lease. Check your local Legal Services or talk to a tenant attorney. They might be aware of how this building operates.
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Re: 3 day notice paranoia & question

Postby treehouse » Sun Nov 09, 2014 5:00 pm

I'm non-regulated. Always been a tenant in good standing.

Landlord is emptying out the building for a construction project. Black book is imminent.

It's clear they want me out, and they've emailed me telling me to vacate, but strange they haven't just served the darn 30 day. I'm not vacating until they do. Rent for this month has not been cashed *or* returned it yet, but it's been taken out on my end so I have proof I sent payment. As mentioned, my guess is they're hoping to try claiming I was never month to month.

Thanks for the advice and easing my worst fears a bit. I trying to prepare for anything.
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