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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35364
Experience:  16 years real estate, Realtor. Landlord 26 years
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I have a child with Asperger's/autism on Island. We live in

Customer Question

I have a child with Asperger's/autism on Long Island. We live in an apartment and he screams a lot including at night until midnight. Our neighbors complain. Can we be evicted and what is the time limit for eviction?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Are you under a fixed term lease or are you month to month?

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Have you gotten any type of written notice from the landlord?

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thanks

Barrister

Customer: replied 1 year ago.
No notice yet. Our lease is for 2 months and expires at the end of December. We just want to stay until that time
Expert:  Barrister replied 1 year ago.

Ok, then realistically if you haven't received anything in writing from the landlord regarding a lease violation, then you should be fine..

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Can the landlord terminate...yes. If you are creating a disturbance that is interfering with the other tenant's rights of quiet use and enjoyment of the property, the landlord could start by giving you a 10 day written notice to "Remedy or Quit". Then if another incident occurred that would give the landlord grounds to file a formal eviction action in court.

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That will typically take 3-4 weeks depending one the court's and the sheriff/marshall's schedules. But if you got a ten day tomorrow, and the landlord immediately followed up on filing to evict if another incident occurred 12 days from now, it would be the end of Dec before he could get a judgment and writ to have the sheriff/marshall force you to move.

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But this is assuming that the landlord took action based on other tenant complaints, which he may not do until he gets enough complaints that he can't ignore it.

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thanks

Barrister

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