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

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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
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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
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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/
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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
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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.
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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.
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