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My landlord used to live on premises and the electrical box…

My landlord used to...

My landlord used to live on premises and the electrical box for house is in my apt. I agreed when he lived here that he could obtain access if need be. But he moved out and is not on premises and he gave new tenants the key to my apt. I did not agree to that and I don’t feel safe. Can I change my lock

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Ny

Lawyer's Assistant: What steps have you taken so far?

I have gone to the town court and police station for advice. He is also trying to throw me out

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

Oh god he has been dishonest and not lived up to his responsibilities from day one

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Answered in 1 minute by:
3/23/2018
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 30,986
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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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

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Why would the tenant need access to this?

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Customer reply replied 1 month ago
If he needed to turn off electric to his apt or reset breakers
Customer reply replied 1 month ago
He is also trying to throw me out

The tenant has no need to have access to your rental. If there is an emergency, they can call 911 or if it is a non-emergency, call the landlord and have them come by or contact you, for access. You have a right to privacy, quiet enjoyment and most of all safety and there is no basis for them to have access to your rental, to turn off the electric. You need to advise the landlord of this and ask for the key to be taken back or the lock changed and for the other tenant to contact you or the landlord if access is ever needed or 911. If you change the lock, you need to provide the landlord with a copy of the key and if he wants to evict you, he has to have a legal basis for it.

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Customer reply replied 1 month ago
Does he have to serve me through the courts to do so?

Yes, of course. This has to go through the court system. He can not just use self-help to evict you and change the locks or remove you personal items.

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Customer reply replied 1 month ago
How long does this take? He just text me asking if I’ll be out by the 15th. Should I reply

If the landlord wants to end the tenancy and you rent month to month, he would need to provide you with at least a one month/30 day written notice. If he has yet to do that, you do not have to go anywhere.

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Customer reply replied 1 month ago
A written notice from the court?

No, from him, to vacate and end the month to month lease. Once he gives that, if you remain, he then has to file in court.

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Customer reply replied 1 month ago
Oh ok so that would take a few months?
Customer reply replied 1 month ago
I need to save my money to move

I mean I think 2 months, maybe longer from start to finish.

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

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Customer reply replied 1 month ago
Does it count as written notice if he told me. By text and should I let him know my intentions or ignore him?

That is going to be up to the Judge to decide but you can argue that it needs to be in writing and posted or given to you, personally. You can let him know your intentions, if you want to argue that his notice was proper and force him to give it to you in writing,

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Customer reply replied 1 month ago
after he gives it in writing I can refuse to leave and he would have to take me to court? Right? He def can change locks?
Customer reply replied 1 month ago
I mean can’t change locks

Correct. Once you stay past the time, you would be holding over and he needs to evict through the court. He can not use self-help to evict you. That is illegal.

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Customer reply replied 1 month ago
Thank you so much, how can I continue to get advice?

Once you rate my help, you can always come back to this page to get additional information related to this. The site does not provide legal advice

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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).

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