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LandlordTenantAnswer, Attorney
Category: Landlord-Tenant
Satisfied Customers: 28385
Experience:  Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
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Warrant for eviction was dated May 25th 16. I was just

Customer Question

Warrant for eviction was dated May 25th 16. I was just served Oct 31 2016 for a seven day eviction plz any advice for court today will be helpful.
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  LandlordTenantAnswer replied 11 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  LandlordTenantAnswer replied 11 months ago.

Good morning. Can you share with me the State you are in? In addition, do you know why you were just served now? Are you the tenant?

Customer: replied 11 months ago.
NY went to court in April 2016 for back lot rent. I explained to the judge that I am refusing to pay due to the fact that I have not received my title or. certificate of origin and told him I refuse till I get my papers in my double wide which i purchased. In 2004. Judge ***** ***** ordered me to pay her but also ordered owner of park to give me my title and certificate of origin which she doesn't have. Warrant was signed in May2016 and Oct 31st 2016 I received a seven noticed to vacate premises. American beauty homes &sales is no longer in business as of 2011 I own the home but not the property but the warrant is from American Beauty Homes & Sales nit FTHG which is also no longer a business. Plus park is in forecloser
Expert:  LandlordTenantAnswer replied 11 months ago.

Thank you. I am sorry to hear about what you are going through. In a situation like this, time is of the essence. As such, a tenant may ask a court to issue an Order to Show Cause (OSC) and a Stay, an order staying, or delaying, the eviction until the issues raised by the tenant are addressed on a hearing date set by the court. If the marshal is served with a signed OSC that stays the eviction, he or she is legally bound by the directions of the court, but if the court does not stay the eviction, the marshal must go forward with it. Unless otherwise directed by the court, the marshal, after being served with an OSC that stays the eviction, must serve an additional Notice of Eviction by regular mail before conducting the eviction or legal possession. With that being said, you need to go to the court this morning to start the process for this to happen.

Customer: replied 11 months ago.
I am also disabled and on a fixed income I offered her the back rent she refused my money. What are my rights plz advise soon. Thank you Gail DeCicco
Expert:  LandlordTenantAnswer replied 11 months ago.

If the eviction was already ordered, the plaintiff does not have to accept what is past due. It is at their discretion. When you appear in court, you can advise the Judge of the same and ask that they accept the rent to cure and show the ability to pay moving forward, so this does not happen again. Moreover, before conducting an eviction or legal possession at a residential premises, the marshal must find out whether the premises are occupied by any individual, such as disabled, elderly, or infirm adults, or unattended children, who are unable to fend for themselves. If such a person occupies the apartment, the marshal must notify DOI, who, in turn, notifies Adult Protective Services (APS), a division of the New York City Human Resources Administration.

Expert:  LandlordTenantAnswer replied 11 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!