The Unfair Eviction Part 2; a What Would You Do article. I’m about to tell you what happened to the tenant in this story. But first the recap.
To Recap
A landlord has decided to evict his good-paying tenant. He has harassed her. Threatened her with the marshals. He has taken rent from her but wants her to move by the end of the month. And the threats of eviction keep on coming. Now for what happened next.
The Unfair Eviction Part 2: What Happened
The tenant voluntarily returned the keys to the owner. She left the apartment before the month was up. She had already paid the rent without the increased amount. The tenant with no place to live moved into a shelter.
Upon hearing this I advised that the tenant contact her council member about the situation. She was to inquire about how to get a city lawyer to represent her. It was too late to do anything about the apartment. But the lawyer may be able to retrieve some money. Since the tenant voluntarily left the apartment this may be an uphill battle.
Unfortunately, she did none of this.
How did you do?
Would you have contacted a lawyer? Did you see where the owner violated the tenant’s right? Would you have stayed in the apartment? Do you know your rights when it comes to eviction?
If you answered no to any of these questions that is a problem. Let’s look at the landlord’s actions.
Landlord Actions that Violated the Law
The 30-day Notice of Eviction
In New York, an owner must give a 30-day notice of eviction. This can be verbal but it must be followed up with a written notice. An eviction notice should be filed in tenant-landlord court within the same 30-day period. The failure to do so could result in a challenge to the eviction in court by the tenant. New York courts are strict when it comes to eviction. Serve the notice under 30 days and the eviction will probably be voided.
See True Crimes in Real Estate: It’s my house. I can do whatever I want.
Points of Interest to make note of when you read the article.
- No 30 and Out,
- No Due Process,
- Myths and Facts
Rent Paid
The landlord accepted the rent for the same 30-day period he wanted the tenant to leave. In other words, she paid the rent on the 1st of the month. The owner wanted her out at the end of the same month. The tenant obliged and left the apartment before the end of the month. Wrong, the tenant can stay for the month she has paid for. In fact, she could have stayed until a judge issued a vacate order.
Security Deposit
The owner did not return the security deposit. The tenant paid the security when she moved into the apartment. There was no appreciable damage to the apartment.
The tenant is entitled to return of the deposit. The exception is that the owner can prove the deposit is needed to make repairs to the apartment. These repairs must be beyond the normal wear and tear on the apartment. Example: A hole in the wall, broken door or other such damage.
See True or False: Program Tenants Are Entitled To The Security Deposit. Don’t let the title throw you. This applies to both program and non-program tenants.
Points of Interest to make note of when you read the article.
- What a Security Deposit Is For
- Procedure: Non-Program Tenant Moves Out
Harassment
The owner waged a campaign of harassment against the tenant. First, to make her pay the rent for the month he wanted her to leave. Next, threatening her with eviction by marshal’s office if she did not pay the rent increase.
It is illegal, in New York, to harass a tenant. Period. You cannot pursue retribution against a tenant for exercising their rights. The marshal’s office does not evict tenants without a court order. It is a myth that the marshals will come to your place, break down the door and put you on the street. See True Crimes in Real Estate: It’s my house. I can do whatever I want.
Point of Interest To Make Note Of
- Myths and Facts
Right to Stay
The tenant did not have to vacate the apartment. Giving back the keys was not necessary. She should have found a lawyer to represent her. The lawyer would have filed a case in tenant-landlord court.
The filing could have stated that the eviction is illegal because of the 30-day notification rule. Order of show cause would have compelled the owner to show why he wanted the tenant evicted. Until a judge issues an order the tenant does not have to leave the apartment.
Judge’s Decision
In cases where the judge sides with the owner, the judge can grant the tenant time to secure a new place. A decision on the return of the deposit would be made. Excess rent would be pro-rated.
Note: I am not a lawyer, which is why I stated that the tenant should have contacted one. If you are faced with this same situation you need to seek legal advice. Owner’s take note, it is illegal to do what this landlord did.
City Lawyers
Personally, I take issue with New York City providing free legal service to tenants and not owners. That said, it is because tenants do not know their rights that bad owners get away with this crap. As I have said before real estate is more than “location”. It is about how you live, where you live and so much more.
Update
As of the writing of this article the tenant is still in a shelter. It is now 4 months since she made the decision not to fight for her rights. I asked my friend why the tenant did not do any of the things I had suggested. She told me that the tenant’s friends advised her not to fight. Instead, enter a shelter. They told her that she would find an apartment quickly this way. This is not true.
Disclaimer: I am not a lawyer and nothing stated here is legal advice. This article applies to the five boroughs of New York. All information deemed accurate but not guaranteed. Always check the real estate laws in your part of the country.
Comments, Questions, Suggestions?
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