QUESTION

What do I do if I’m being evicted for noise?

Asked on Feb 11th, 2013 on Landlord and Tenant Law - New York
More details to this question:
New neighbor called police on Wednesday early morning. Wednesday evening, I was given a month notice. I have an unauthorized person living here. She has known about my boyfriend for a long while before this. Friday, I received a letter saying that my rent was late and to turn it in. Another notice saying I only have until February 14. My rent is due on the 8th of every month. I'm scared, confused and am running out of time. Please help.
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5 ANSWERS

Pay the rent for at least half of the month. The landlord can't force you out without a court order. The landlord would need to post a Five-Day Notice to Pay Rent or Quit Premises on your door. You must file a response with the Justice Court. If you do so, you will get a court hearing. If you do not respond, the next step would be for the landlord to get the sheriff/constable to evict you. If you want to stay, send a letter to the landlord stating that you will work out an agreement and keep the noise down. You also should get the landlord to agree in writing to let the unauthorized person to stay if you want to continue that situation. Make your boyfriend do something to help.
Answered on Feb 15th, 2013 at 2:56 PM

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Dennis P. Mikko
If you have a lease, then the landlord would have to show that you broke the lease before there could be an action to evict you. If there is no lease, the landlord could give you a 30 day notice to quit for any reason or no reason at all, just not an illegal reason. Without more information, it cannot be determined if your landlord is acting lawfully. You should consult an attorney in your area.
Answered on Feb 15th, 2013 at 2:55 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Get a new place to live. You violated the terms of the lease and now the landlord is enforcing her rights under the lease. he only thing you could do is force her to file an eviction action, which might give you a little more time, but not much.
Answered on Feb 15th, 2013 at 2:55 PM

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Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC at Love and Dillenbeck Law
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Unfortunately, if you live in NC, you need to prepare to leave. The biggest issue here is the unauthorized tenant. Even if you say they knew about it, unless you have this in writting, it is very likely that they show up in court and say they didn't know. You would be evicted on this point alone. To evict you in NC, your landlord has to go to court to do so and this will take time. If he/she wants you out, there is unfortunatly no way to keep you there indefinitely.
Answered on Feb 15th, 2013 at 2:55 PM

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Kevin J. Connolly
Usual scenario if you are month to month: landlord tries to give notice, starts a proceeding, which is dismissed on a technicality (improper notice of cancellation); landlord hires lawyer who files the right paperwork. You probably need to move in 4 to 6 months. If you have a real lease, rent stabilized: Eventually, landlord realizes that she has to serve s notice to cure. You make your BF be quiet. Case may continue but you win. (You have a legal right to have your BF in the apartment: a lease to you gives you the right to occupy in person, plus your immediate family, plus one more person; and termination for noise requires notice and an opportunity to cure.) If you're not rent-stabilized, L doesn't have to renew your lease. Prepare to move. You can't be evicted now, but when the lease is non-renewed.
Answered on Feb 15th, 2013 at 2:54 PM

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