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I would very much appreciate if you can help me with some legal information. I signed about four years ago a stipulation with my landlord at my place of business. One of the conditions were that if I am late three days with my payments any month within five years he can get a marshal to evict me without having to go to court. A few months ago I was late and he got the marshal to evict. The mailman put the notice send by the marshal into the landlord¿s mail box and I only got it about a month later. A lock was put on the door right away when I got there a month later I could not get in. The landlord started giving away my stuff or calling people to take whatever they wanted or he got a company to take some stuff to a garbage dump. It took a few weeks until the place was emptied out. My questions are: 1) The fact that the notice was not put into my mailbox and I did not get it until a month later was the whole eviction legal? 2) Isn¿t a marshal supposed to be present when the stuff is ca
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This is a difficult, messy, situation. You need an attorney. In order to advise you properly you would need an attorney to review your lease and stipulation and the papers from the marshal regarding the eviction and service of the notice. You may have been illegally evicted, but it is impossible to tell based on what you provided. If it was illegal you could have remedies at law to recover your damages. Please seek counsel for further clarification.
Walter Jennings, Esq.
Landlord/Tenant Attorney NYC
Answered on Apr 27th, 2012 at 11:25 AM