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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111600
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Nassau county NY I am a resident of Nassau county on

Customer Question

Nassau county NY I am a resident of Nassau county on 12/05/2015 was self helped evicted/illegally evicted by my landlord the lease was a month to month tenancy rent was paid through 11/30/2015.....however there was problem with warrant of habitat since mid summer 2015 two(2) holes one (1) in roof other in dining room ceiling also late October 2015 heating system broke confronted landlord last week of November about the housing situation at this time rent was up to date landlord evasive. December 2,2015 go out to visit friends out till 12/4/2015 landlord removes my belongings from my living quarters and drops them of at a mutual friend I know the statute of limitations is one (1) year but being 65 also suffering from medical problems depression/coronary even though I am on medication being homeless has simply overwhelmed me my mental health program is trying to help me however feel very strongly I am due financial compensation for this illegal act could you please help me
JA: I'm an assistant to the real estate lawyer. I work with them to help customers like you.
Customer: did you receive my first narrative
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Nassau county n
JA: Has any paperwork been filed?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: I really need help
Submitted: 23 days ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 23 days ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, I have no choice but to confirm what you already suspect about the statute of limitations. You had 1 year to file suit, but if you missed that time, unless you can prove that you were found mentally incompetent during that time, the court is not going to give you permission to file out of time or late for the unlawful eviction. However, all is not over.
You would have likely been entitled to compensation for unlawful eviction, but you also have a claim for breach of contract against the landlord for not providing a habitable premises and removing you contrary to terms of your contract of lease, even if it was only a verbal and not written lease. Breach of contract in NY has a 6 year statute of limitations. So instead of wrongful eviction, you would seek to sue that they violated your contract of lease in failing to provide you the proper habitable premises and also in terminating your lease prematurely.
So that is how you need to seek to attack it instead of on a wrongful eviction, you attack it as a breach of lease in failure to provide habitable premises.
You can get legal representation locally from legal aid or the local senior center to assist you in pursuing this claim in court.

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