Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

The exgf signed documents saying she would be out by march…

Customer Question
The exgf signed documents saying...
The exgf signed documents saying she would be out by march first. She is no longer on the lease as of 2/28/12 she wont leave my house. I'm not allowed there because of a protection order. What if anything can I do to get her out. I've been told there has to be a 30 day eviction notice givin to her. Why doesn't the signed documents have any barrings on her eviction? I paid her for house hold expences for her to sign off the lease. Do I have a corse of action against her for recovering my money since she didn't stand by her part of our agreement?
Submitted: 6 years ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 40 minutes by:
3/13/2012
Lawyer: lwpat, Attorney replied 6 years ago
lwpat
lwpat, Attorney
Category: Landlord-Tenant
Satisfied Customers: 25,387
Experience: Experience in landlord tenant rights and evictions
Verified
Thank you for your question and for using JA. Please click accept so I will receive credit from JA for my time.

I am very sorry to hear of your situation. Unfortunately you will have to file for an eviction to get her out. You should have served her with a valid thirty day notice at the time of the agreement. Since you did not, that is your first step. You will need to have it personally served by a third party so you can obtain a certificate of service to file with the court.

Unless the tenant vacates the premises by a specified date, the landlord may commence eviction proceedings through: (a) a summary non-payment court proceeding to evict a tenant who fails to pay the agreed rent when due and to recover outstanding rent, or (b) a summary holdover proceeding for eviction if a tenant significantly violates a substantial obligation under the lease (such as using the premises for illegal purposes, or committing or permitting a nuisance) or stays beyond the lease term without permission. Real Property Actions and Proceedings Law (RPAPL) § 711.

Landlords of rent regulated apartments may be required to seek approval from DHCR before commencing a court proceeding, depending on the grounds for eviction. Where a tenant fails to pay rent, is causing a nuisance, damages the apartment or building, or commits other wrongful acts, the owner may proceed directly in court. Other grounds, such as where the owner seeks to demolish the building, require that the owner first receive approval from DHCR.

A tenant can be legally evicted only after the landlord has brought a court proceeding and has obtained a judgment of possession.

Only a sheriff, marshal or constable can carry out a court-ordered warrant to evict a tenant. Landlords may not take the law into their own hands and evict a tenant by use of force or unlawful means. For example, a landlord cannot use threats of violence, remove a tenant’s possessions, lock the tenant out of the apartment, or willfully discontinue essential services such as water or heat. When a tenant is evicted, the landlord may not retain the tenant’s personal belongings or furniture. The landlord must give the tenant a reasonable amount of time to remove all belongings. RPAPL §749; Real Property Law § 235.

A tenant who is evicted from an apartment in a forcible or unlawful manner is entitled to recover triple damages in a legal action against the landlord. Landlords in New York City who use illegal methods to force a tenant to move are also subject to both criminal and civil penalties. Further, the tenant may be entitled to be restored to occupancy. RPAPL § 853; NYC Admin. Code § 26-523, § 26-521.

 

New York Landlord and Tenant, New York Real Property Law Sections 220 to 238.

http://tenant.net/Other_Laws/RPL/rpltoc.html

The notice must:

  • Be in writing,
  • Say the full name of the tenant or tenants,
  • Have the address the notice is about,
  • Say that the month-to-month tenancy will end in 30 days, and
  • Have the landlord's signature and date of the notice.

Sec. 232-b. Notification to terminate monthly tenancy or
tenancy from month to month outside the city of
New York.

A monthly tenancy or tenancy from month to month of any lands or
buildings located outside of the city of New York may be
terminated by the landlord or the tenant upon his notifying the
other at least one month before the expiration of the term of his
election to terminate; provided, however, that no notification
shall be necessary to terminate a tenancy for a definite term.

If you need forms, you can usually get them from the clerk at the court or from Blumberg.
http://www.blumberglegalforms.com/
Ask Your Own Landlord-Tenant Question
Customer reply replied 6 years ago
I understand all of the evection information but why do the agreement between her and I and the document she gave the landlord have any barrings in this situation. She is a grow adult and signed them on her own free will. Also receceived payment to be out of the house. Where does the law stand behind me as far as following the rules and her doing what ever she wants and gets away with it. Every thing I own is in that house. And she actually owns a house 3 houses down the street. I'm the only one on the lease and I'm the one paying the rent. Where's my rights in this whole situation.
Lawyer: lwpat, Attorney replied 6 years ago
You can sue her for your damages for breach of contract. That is your legal remedy as to the damages but to get her out you have to do the eviction.
lwpat
lwpat, Attorney
Category: Landlord-Tenant
Satisfied Customers: 25,387
Experience: Experience in landlord tenant rights and evictions
Verified
lwpat and 87 other Landlord-Tenant Specialists are ready to help you
Ask your own question now
Customer reply replied 6 years ago
Does the eviction notice need to be signed by a judge or jhst the landlord?
Lawyer: lwpat, Attorney replied 6 years ago
The 30 day notice to vacate only has to be signed by the landlord but it needs to be served by a process server. Then if she does not move, you have to actually file in court and get a judge to sign to have her evicted.
Ask Your Own Landlord-Tenant Question
Customer reply replied 6 years ago
So basicly its going to be 2 months before she would have to be out by law. Or can the landlord go straight to the judge and get the evication notice? And get her out in 30 days.
Lawyer: lwpat, Attorney replied 6 years ago
You have to first give her the 30 day notice before you can file in the court. Sorry but you should have served her with the notice at the same time she signed.
Ask Your Own Landlord-Tenant Question
Was this answer helpful?
Ask lwpat Your Own Question
lwpat
lwpat
lwpat, Attorney
Category: Landlord-Tenant
Satisfied Customers: 25,387
25,387 Satisfied Customers
Experience: Experience in landlord tenant rights and evictions

lwpat is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

3,949 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,112 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,278 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
Can the security deposit - of a property the obligor is
Can the security deposit - of a property the obligor is renting - be garnished to pay towards child support arrearage with the owners requiring him/her to pay another security deposit to continue livi… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have a problem with my living situation. I moved into an
I have a problem with my living situation. I moved into an apartment on 4/4/18 and I first experienced flooding on 4/22/18, 2nd flooding 5/16/18 and 3rd flooding 5/20/18 and nothing is being done abou… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I got disconnected I live in Wisconsin today in the mail
I got disconnected I live in Wisconsin today in the mail actually posted on my door I received a letter from the landlord saying that I have to decide by June 1st whether or not I'm staying or moving … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,859 satisfied customers
My landlord is selling her townhouse which I live in. I work
My landlord is selling her townhouse which I live in. I work the overnight shift as a nurse. After paying this months rent I have been asked countless times to wake up early for a showing or clean my … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,848 satisfied customers
How much does this cost? I've signed a lease to rent an
I've signed a lease to rent an apartment and gave the money order. The landlord hasn't signed yet and I don't believe cashed the check yet, in CA, can I legally get out? … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,574 satisfied customers
I am a 100% diabled veteran who has a dead beat relative
i am a 100% diabled veteran who has a dead beat relative living with me. he has been here on and off for about 7 years. do i have the right to evict him for my own health and well being … read more
Ray
Ray
Lawyer
Doctoral Degree
32,605 satisfied customers
Recent tenants haven't got back to me with the least I gave
Recent tenants haven't got back to me with the least I gave them haven't given me a security deposit and it's been over a month they have been there and I haven't seen one dollar in rent they still ha… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I live in the state of Maryland in Montgomery County. We
I live in the state of Maryland in Montgomery County. We signed a regular lease and rented our Condo for the past 4 years and are about to move. I would like to get all my security deposit and my ques… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I was subletting a house with a couple of people and we
i was subletting a house with a couple of people and we recently found out that the landlord didn't know we were be subletting and now were being evicted what can we do about our security deposit thro… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I just received my new lease information. Added to the lease
I just received my new lease information. Added to the lease was a $25 charge for a Valet living trash fee. For $25 you get a small trash bin that you can leave at your entrance and somewhere in the n… read more
LegalGems
LegalGems
Juris Doctorate
11,930 satisfied customers
That's pretty scary information. I have never rented my
That's pretty scary information. I have never rented my house out. The tenants have lived in my home (1} 4 years and the other for (2) years. They came to me through family and a friend. I do not want… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was involved in an auto accident in January and currently
I was involved in an auto accident in January and currently disabled due to accident - I live on the 2nd floor and would like to move to 1st floor to accomodate my disability. the landlord states there are is no availability for 1st floor apartments . Can I break my lease ? I live in Florida … read more
Lori
Lori
Juris Doctor
1,324 satisfied customers
My tenant has authorized an install of water heater without
my tenant has authorized an install of water heater without my approval the w/h installed comes with 6 yrs warranty for 450 plus install cost 750 i would have done it differently -- pay up 200 for 12 … read more
Lori
Lori
Juris Doctor
1,324 satisfied customers
I'm renting my single family home to two lodgers, I just
I'm renting my single family home to two lodgers, I just found out it is illegal to rent? Should I try and settle with the Tenant than proceed with the Eviction which is in the NYC Court? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I need a person out of my home immediately. There is no
I need a person out of my home immediately. There is no lease agreement on paper. However he has been in my home for almost a year. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,224 satisfied customers
Received a 24 hour notice to vacate but I have proof that
received a 24 hour notice to vacate but I have proof that rent was paid for feb, march ad april … read more
Lori
Lori
Juris Doctor
1,324 satisfied customers
My husband and I have been residing here at Doyle Village
My husband and I have been residing here at Doyle Village Apartments here, in Darien, Ga. We have been having plumbing issues since last year. Our toilet is constantly backing up, overflowing with nas… read more
LegalGems
LegalGems
Juris Doctorate
11,930 satisfied customers
I'm in escrow the property will be delivered with current
I'm in escrow the property will be delivered with current tenants. However the seller has been really strange. He couldn't produce any "paper" lease, he said it's a verbal lease. I asked if tenant is … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x