Eviction!!!

[edhallick]

I am new to BKforum and posted a few threads these past few days about a IRS levy against my bank account after losing my job and ending up completely bankrupt and not paying the IRS for several months.

What happened eventually was I withdrew all my money on Sunday Monday and Tuesday (by ATM) before the bank got the levy order (why does the IRS warn you beforehand? What idiot is going to leave money in an account after being warned?) and left $4 bucks in and yesterday my bank got the levy and all the IRS is going to get now is $4 bucks.

OK, now that isn`t the worst of it. Before all this happened, I wrote my landlord a check for the November rent a few weeks ago and mailed it. My relationship with my landlord was pretty bad as it was, and like an idiot when I got this levy notice I left a message on his machine telling him my account was levied and to rip up the check and I`ll give him a money order.

Well today when I got home from work (I`m employed again) I found a note on my door from my landlord telling me to vacate the premises by Dec. 31st 2007, his reason being late payments.

I assume he freaked when he heard my message about the levy, and is also sick of the late payments. But what really freaked me out is I found the metal plate around my front door lock was unscrewed which looked like someone was trying to see if they could change the locks.

I have lived in this apartment since 1994 (it is an apartment building) and it is absolutely impossible for me to vacate this apartment in 3 weeks much less find a new place. Believe me, I would love to go, but right now it is financially impossible for me to do so much less move 12 years of possessions in 3 weeks and by New Years eve no less.

I live in New York city, is there anyone out there in NYC reading this who has gone through this same crap? He has tried this before with threatening letters but pretty much shut up when I paid him, but it seems this time he means business.

I am afraid he may change the locks on my door or may be going to court without my knowledge. Is that possible? Can he go to court and get an eviction notice for the Sheriff to evict me without my knowledge? I am very paranoid he may throw all my stuff out on the street.

Also, it looks like he is purposely cashing my rent checks late. When I wrote him a check for October rent, he cashed it November 11th even though I sent it October 5th. Also I sent him rent the rent for November on November 19th and he is doing the same thing again, it is now December 6th and he still hasn`t cashed it.

Anybody out there in NYC or any place really who can tell me me what I can do??

[chpxiii]

I don't know anything about New York, but you may want to look into tenant's rights. Here is a link I found doing a quick Google search for "new york renter's rights."

http://www.oag.state.ny.us/realestate/tenants_rights_guide.html

And another one:

http://www.tenant.net/

Do a search for New York tenant's rights or renters rights. Look for some place that is an advocate for tenants, not landlords.

I live in Texas. It is partial to landlords due to the huge landlord lobby here. There is a "Texas Tenant's Union" that represents tenants and is not supported by landlords. They help renters with their rights under the law, help people draft letters to landlords, and give general suggestions (not legal advice or representation.)

Look for something like that in New York. They may be able to help on what a course of action might be for you to take.

[FreshLikeADaisy]

Ed, breathe deep. First of all, NO landlord is allowed "self-help" eviction procedures, period. Ever. Evictions must ALWAYS go through a very concrete, legal, predetermined legal process.

If you can, go right now and take pictures of the unscrewed door lock, etc, even if you have to go and buy a disposable camera. That will get him into deeper ca-ca than you would have ever imagined. Also document as thoroughly and concretely as you can this business of him not cashing rent checks, and any other non-standard practices of his, so that when you act on this, none of it is your word against his. (Generally speaking, the bigger stack of paper wins. Trying to defend yourself with nothing in your hand but the eviction notice is not going to help you at all.)

Secondly, you need to look up what landlord-tenant rights you have in NYC. I have a feeling you will find that you have way more rights and avenues of action than you thought possible. It's NOT a matter of him put notice on the door, Ed go bye-bye. Not at all. Plus, NYC is exceptionally tenant friendly compared to other places in the country. I think you will be nicely surprised.

Thirdly, after you have looked up your rights as a tenant and documented his self-help eviction efforts with a camera and gotten all your stuff together, YOU head down to the courthouse. Don't wait for him to do it. You have a notice of eviction and that's all you need. I guarantee you that you can at least delay the hell out of him, even if you don't win outright, and you will definitely be drinking your cold one in your own apartment on New Year's Eve.

I cannot stress this enough: even if he wasn't trying to evict you, only scare you, that business with the screws on the front door was a HUGE, HUGE mistake on his part. Trust me on this. He may have just given you the freebie you were needing. But you have to get pictures of it. Try to find neighbors that saw him do it, if you can (try not to laugh too hard, I'm in the South, I had to suggest it) and document it just as well as you can.

Now go do your research, and Good Luck!!!

[FreshLikeADaisy]

Ed, I just went and read http://www.tenant.net/Rights/illevict/illevict.html (one of the links that chpxiii gave you) which speaks of illegal evictions in NYC, and as I suspected originally changing the locks is not only absolutely and clearly against the law, but a Class A misdemeanor. Having read this, I think I would call the cops as well: there will be no action taken because you were not evicted, but that report will be just one more piece of evidence you have against your landlord. Do it tonight, if you can, and keep the door as-is so the cops can see what he did. Good luck!

[FreshLikeADaisy]

[rilbrianne]

***Another important note... you can go to your bank and request copies of those cashed checks. I advise you do so to show that you dated them in a timely manner... and that he cashed them in an UN-timely manner.

He can't just leave a note telling you to get out by such and such date. He has to go through legal process and MUST give you 30 days. Good luck

[FreshLikeADaisy]

Ed, please check out this link:

https://www.nycourts.gov/courts/nyc/housing/pdfs/tenantsguide.pdf

It's all about what you specifically need to do, where to go, what to bring, etc. And while your landlord can indeed evict you for non-payment of rent (AFTER due process) he cannot evict you for LATE rent. Add to that the door lock business and, well...

Sleep tight.

[nazstar]

OK. Chill for a minute and check into what everyone posted. It's not so easy to evict someone in NYC. I grew up there and lived in the city for 30 years. My father is a building superintendent in NYC for 37 years. It is a long process in NYC to evict someone and you could probably delay it for more than enough time for you to find a better situation. Let me call my dad tomorrow (it's almost 2am now) and see if I can get some information for ya!

[CindyLou]

I don't know much about rents in nyc but it looks like you got a great group here giving you advice on this one! hopefully you got the pictures of the lock. That is going to be very important! Relax and learn the process. -ave your money to get caught up if you need to.

[FreshLikeADaisy]

Hey Ed, would you mind posting an update when you get a chance? I just want to know you're okay; I was pretty concerned when I first read your post, and I think others here may be as well. I was very encouraged when I read your landlord doesn't have a leg to stand on (and may have shot himself in the foot! heh), but I'd like to know how you're doing too. Just a note to let us know how things are progressing, okay? Thanks!

[edhallick]

[edhallick]

Oh yes, by the way, I am also calling the police right now to report that tampered lock. I want to make a police report on it.

[edhallick]

Well here`s another update.....The cops came and checked out my locks and they said to call them immediately if my landlord changes them as it is illegal and a crime without a court order. Thank god, what a relief. Just curious though why the law says you have to go to court though. They also said to call their preceinct in 3 days for a police report. Now I hope he does change the locks because if it`s a crime, I can sue the living sh*t out of him.

[chpxiii]

edhallick, good luck. I'm thinking about you. Really. Dealing with slimy landlords is not fun. I've dealth with a few myself. Awesome news from the cops too.

[FreshLikeADaisy]

Well here`s another update.....The cops came and checked out my locks and they said to call them immediately if my landlord changes them as it is illegal and a crime without a court order. Thank god, what a relief. Just curious though why the law says you have to go to court though. They also said to call their precinct in 3 days for a police report. Now I hope he does change the locks because if it`s a crime, I can sue the living sh*t out of him.

Yes! That's exactly what I was getting at. I am pretty sure you can take HIM to court without waiting for him to come after you. He didn't actually change the locks, he's just trying to scare you (which is also illegal and yes, is considered another form of "self-help" eviction). You already have cause, and even if you didn't it is still a hell of an effective delaying tactic until you find somewhere else you'd rather live.

As I said, he MUST have a court order to evict you. Also, he MUST cash your checks: he cannot hold onto them and then evict for non-payment. If you look through the links that were posted on this thread, there is specific mention of that very tactic and it's a no-no: all you have to do is prove that you gave him the checks (your check register, or the carbons, or what have you) and roughly when, even if they were a few days late. Again, you don't get evicted for late, you can only be evicted for non-payment, so don't be afraid to tell the truth and say when a payment was late.

That, and the messing with the door lock, is why I said I think he may have given you the freebie you have been needing. I didn't have a chance to look through all of the information, but you don't have to be out on the street before you can take legal action: go ahead and act now, don't wait for him. That PDF from nycourts.gov especially. Taking specific legal action may have the added effect of putting a damper on his willingness to play dirty, if he thinks you're fed up and going to fight him in court.

Another thing I saw was that on this very forum there are other posts by people who have been in your exact same shoes, dealing with slimy landlords and illegal eviction tactics. If you get a chance, look through them. (There are links to related threads at the bottom of this page, and you can do a search on "illegal eviction" too.) You are SOOOO not alone!

May I make one final suggestion? All the evidence you have been compiling -- canceled checks, check register or carbons, pics of the door, etc. -- keep OFF premises. Keep them at a friend's house, a storage locker, the trunk of your car if you have to, but only keep copies at home. That way, if this pr!ck breaks in, you don't lose all your evidence. And *every* time you think he's messed with you or your apt, call the cops again, and get yet another police report. The next rent you pay, send to him by mail return receipt requested, or in person with a witness, so that you can prove you're paying it and he's just not cashing the checks.

I'm really glad you wrote back to let us know how it worked out! Please keep us posted -- I want to hear about it when you nail his ass. Good luck!


P.S. I wonder what Nazstar's dad had to say... ?