QUESTION

can my landlords ex wife evict my so she can live in my place even though i have a lease with her ex husband?

Asked on Nov 12th, 2012 on Contracts - New York
More details to this question:
My landlord is getting a divorce and his ex wife needs a place to live so she is telling me that she has been orderd by the court to live in my appartment. without telling her soon to be ex husband she went and evicted my family. I have to Dec first however i asked for more time and she is refusing to give it what can i do i have no place to go.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Assuming that the husband had the authority to lease the space to you, you've complied with it (i.e. you've paid the rent on time) and the lease does not contain provisions requiring you to vacate under these conditions, your lease continues to be valid.  Have you seen the Court order requiring you to vacate?  From the limited information you've provided, it does not seem that the wife should have been able to get such an order without you having an opportunity to present your case, so it may be that no such order exists, or if one does exist, it may be based on the wife having failed to tell the court the true facts.  If so, you may be able to have the order overturned, but you will have to apply to the Court to do so.   Even assuming that the court order is real and legitimate, it may not require you to vacate by December 1.  Since you give no indication of having to any eviction proceedings, it is hard to tel what stage these proceedings have reached.  You cannot simply rely on the wife's word.  You must find out what is actually gong on.  You must obtain a copy of this supposed court order, and all the other documentation which led up to it.   If it turns out that the order is really valid because the husband did not have authority to lease the space to you, for example if he was not really an owner of the property but lied and told you he was, you may have a claim against him for the damages you sustained by reason of his fraud.
Answered on Nov 12th, 2012 at 4:48 PM

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