Friday, November 11, 2011
Landlord gave me a 30 eviction notice, but the date to leave is only 15 days away, is it legal?
In the case of eviction for non-payment the LL can issue you a 3-day notice to quit. Regardless of the title of the doent the LL purchased or the date on the letterhead. FYI, in NY you are umed to have possession of the letter the instance the LL puts it in the post. The eviction letter is the first step in the process of eviction. If you are not out in the # days the LL can petition superior court for a hearing to have you evicted. what is the reason you are being asked to leave? if non payment of rent you can pay up before the court date and the process will be stayed. but for other reasons you have to find other cures. (you didn't say-he has to give you a reason for eviction unless it is the end of a lease term) only a judge can order you out of your house. Eviction in New York can only be accomplished by court order, requiring the filing of a petition with the court leading to a hearing before the court. but failure on your part to show up for court will expedite the process for the LL. so show up! beg the court for time-even if you owe money that you don't have. eventually, the sheriff's office will show up with a van and you will be out. the whole process can take only 11-14 days for non-payment.
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