Ask a Landlord-Tenant Question, Get an Answer ASAP!
Hello, my name is Richard and I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for.
What state are you in? Was the eviction for non payment of rent?
I stepped away for a moment. Do you want to talk on the phone or is this sufficient way to communicate.
That is fine. If you were evicted, you have about 30 days to get your property from the unit. If the property is still in the apartment you do not need to pay back rent to get your belongings. The landlord has to make your property available and is liable if he has caused any damage. If it is in storage you will have to pay the storage costs but not the back rent.
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You should contact the sheriff's office and make clear that you will remove your property and that the landlord i threatening to sell your property unless he get all back rent paid in violation of NY law. Then contact the court and explain the problem to the court and the fact that you are in the hospital and need an order to protect your ability to get your property. In an emergency you may be able to get such an order by phone.
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What did they tell you?
If you cannot get legal aid you need to go to court and file a motion seeking an emergency order directing the landlord to allow you into your unit to obtain your belongings. What you will do is prepare an order to show cause. YOu can get a form online. In the order you will say that the court orders the landlord to allow you access to the apartment to get your beloings. In support of the requested order to show cause you will prepare an affidavit in which you will explain the things you put in this post and the fact that your car keys and all your children's belongings are in the apartment. In an emergency the court can act in an emergency and even though your papers are hand done and not in the best legalese, the court can act on your request.
Prepare the papers ahead of time and before you go to court call the landlord and tell him you are going to court to get an order allowing you to get into the unit without paying anything. You have to give the landlord notice that you are going to court to make the application and telephone notice is sufficient.
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To get an order to show cause you will need a supporting affidavit. / Here is a link to the affidavit in support of the order to show cause.
It looks like in NY housing court the court prepares the order to show cause and you just submit the affidavit explaining what you need. I have put the link on the housing part website that explains the order to show cause process below. The will have a blank form you can use
Just in case, I attached a sample Order to show cause.
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The form of the order to show cause can be adapted to any court in the state. When you go to the court they will give you a form you can use. I am not available by text as I will be going off line shortly for the rest of the day.
Your focus should be on making the affidavit complete with all the points you have discussed in your posts. The court itself will probably prepare the Order to show cause but I wanted you to have something as a guide in case you had to prepare the order to show cause for the judge.