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A notice for eviction was put on our door to vacate by

Customer Question
A notice for eviction...

A notice for eviction was put on our door to vacate by Thursday. My wife is under the care of an Oncologist at Sloane Kettering and is going for Radiation 5 days a week for Lymphoma which has returned after a 5 year remission. We were not served and even after we asked for a stay due to this illness until the treatment was complete and paid the rent right up until today. I had gone to court with my lawyer and it was agreed that we stay 6 months more until August 31st, but my wife had just come home from a 5 hour operation in Sloane Kettering and was unable to attend. She was not allowed to do anything until the month of May. She signed nothing, only I did and we are husband and wife, listed as joint tenants.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

We sent a letter with the cashed checks to the landlord's lawyer explaining that we would like to stay even though the lan

Lawyer's Assistant: Has anything been filed or reported?

Yes, and it's the state of NJ. There are extenuating circumstances and we sent a letter to the Superior Court and sent a copy of the letter and cashed checks to his lawyer. He sent us a notice that there would be a court order and today, Sunday, when we were at home all day they never served us personally. When I went outside in the evening to take out the garbage someone had placed an eviction notice on our door . The copy that was pasted on our door was almost illigible but written in ink were the date of eviction and the clerk's signature, but as I said we really couldn't read it. We sent the landlord an email explaining the treatment and asked him if we could stay until the winter was over due to her condition. We have never received a response from his lawyer or the court and this was sent approximately 3 weeks ago. It's physically impossible for either of us to pack and move all of our life's possession at this time as she is 82 and I am 85. We have no place to go. I don't think that anyone would be so heartless to put a sick woman of that age out in a 3 day period. Since the court received a letter from us and we never received an answer what should we do about the court? We would be glad to pack up and go but at this time physically she can't possibly handle not only the stress but getting our furniture and possessions together in such a short time. We have no family and nowhere to go at this time. The landlord was told by us that if he is planning on selling the we would gladly give anyone the opportunity to come in and inspect it. We owe him nothing at this point, actually he owes us as I said there are exceptional circumstances.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The main question is how can we stay here until the Radiation is over?

Submitted: 8 months ago.Category: Landlord-Tenant
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Customer reply replied 8 months ago
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Customer reply replied 8 months ago
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12/4/2017
Lawyer: Law Educator, Esq., Attorney replied 8 months ago
Law Educator, Esq.
Category: Landlord-Tenant
Satisfied Customers: 126,875
Experience: Attorney with over 24 years experience.
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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, there is nothing in the law that would allow the court to make the landlord allow you to stay until winter is over. So, you cannot rely on her condition to cause the court to give you an extension of time. This would be something the court would leave up to the landlord to agree upon and if the landlord does not agree, you cannot force them.

For finding assistance to move you and for finding a new place, you need to contact NJ Social Services and you need to also contact the local community and religious groups and they will come out and provide assistance getting you moved and some even have apartments or places they could move you into, but if the landlord is doing this, legally if they posted notice on the door you can go to court and object and perhaps even delay this 30 more days, but they can evict you in the winter and you will have to leave I am sorry to say.

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Customer reply replied 8 months ago
Thank you for your prompt answer. Since my wife is ill I will go to court today. We spoke to her daughter and she has her in-laws staying there and goes to Therapy everyday for her disabled son. He has a problem with his brain due to the fact that he was born 1lb.7oz and his brain never fully matured. Most of the time he is not being rational but a special school will not take him.
All we asked the landlord for is to stay until the treatment is over and that will be about 4-5 weeks plus with her condition packing and moving so quickly is truly out of the question.
There are no moneys owed. The Landlord stated that he is not responsible for things out of his control and he refused to pay for the moving and place to live for the 10 days he ordered us to move.
Lawyer: Law Educator, Esq., Attorney replied 8 months ago

Thank you for your reply.

I understand that the landlord is being unreasonable, but if the landlord gives 30 day notice in writing for eviction and there is no other lease to the contrary, I am afraid that the court's hands are tied because they have to follow the agreement you made.

So you can go to court and ask for a few extra days but they are not going to give you the whole winter or even a whole month I am afraid without the landlord's agreement.

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