can my landlord evict me when his eviction just went to court and he lost?
Me my Fiance and our children live in Chemung County, New York. We have been withholding our rent from our landlord since July, because he has known about a roach infestation in our apartment since we moved in and kept telling us that he would fix it. (we have been living here almost 2 years now). He just took us to court for an eviction for non-payment of rent. He was told to fix the roach infestation, among other code violations. He had an exterminator here and he put down a " Bait" and a "spray", since then we have been seeing them more and now they are crawling up our legs in the living room. We had to go back to court 2 weeks after the first time to see how things were, the judge looked in our landlords face pointed his finger and said " People should not have to live with roaches" " Eviction case dismissed". Four Days later we come home from work and there are two 30 days notices to vacate the apartment. Can he do this to us? It doesn't even look like a legit 30 day notice but it is signed by an attorney.
- LandlordLv 79 years agoFavorite Answer
Yeah, he can do this.
He did not win the eviction for non-payment.
Now he is going for Failure to Vacate.
- johnbrownLv 59 years ago
It looks like someone (most likely the landlord's lawyer) has made up a fake eviction notice.
Call the court clerk and ask about the disposition of your case - was it dismissed, or was an eviction judgment granted? If there was an eviction judgment, ask when - was there another hearing you didn't know about?
If the case was dismissed and there was no eviction, write to the court, describe what happened, enclose copies of the eviction notices you got, and ask for the landlord and his lawyer to be held in contempt of court (for disobeying the court's judgment of dismissal).
If somehow the court reconsidered and reversed itself, write to the court, describe what happened, say that you were never notified about the new hearing, and ask for a rehearing.
@LittlePrincess: They don't have to move out. "Habitable" is not all or nothing. The property is not habitable because of the infestation, but the infestation can be remedied without the tenants moving out. A property without a bathroom or without windows would be a different matter.Source(s): Some resources for NY tenants: - http://www.metcouncil.net/ - Metropolitan Council on Housing (Met Council) - http://www.tenant.net/ - Tenant.Net, "The Online Resource for Residential Tenants" - http://www.tenant.net/alerts/articles/tenantrights... or http://www.mcadamslaw.net/support-files/jeffrey-mc... - "How to Protect Yourself Against a Ruthless, Greedy Landlord : 30 Strategies for Guarding Your Tenant Rights" by Jeffrey C. McAdams, Esq., New York City Tenant Attorney - http://tenant.net/DHCR_info/index.html - DHCR Information - http://www.dhcr.state.ny.us/ or http://www.nyshcr.org/ - NYS Division of Housing and Community Renewal (said to be pro-landlord in their decisions, but look for printed handouts)
- LILLLv 79 years ago
Sounds like you don't have a lease. If you don't, the landlord is only required to give you a 30 day notice. It does NOT need to look "legit". It can legally be written on toilet paper...in crayon...to be legal. If you fail to leave within the 30 days, then the landlord can have you forcibly removed by the Che mung Counties sheriff department.
BTW...Is living there "rent free" really worth having roaches crawling up your legs?? Move already.
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- TabbyLv 69 years ago
You're obligated to pay rent. You can't live there for free forever. Use the money from the rent you're not paying, hire someone to take care of the roaches. Send the landlord the bill receipt and the rest of your rent payment.
- Little PrincessLv 79 years ago
If the property is not habitable due to insect infestation, then you've got to move out. It's not safe to stay there. I'd recommend making sure the health department is aware of this and that the neighbors aren't having similar health issues. If you have a lease that they're breaking, they might be responsible for your costs to relocate. I'd keep copies of any receipts for your moving costs (uhaul, boxes, etc).
- davidmi711Lv 79 years ago
If you are month to month he can terminate your tenancy with 30 days notice. Time to start looking.
- Anonymous9 years ago
no he can't. Call a lawyer or whoever was representing you in court. I would call the attorney that signed it as well. Good Luck!