New York, NY asked in Landlord - Tenant for New York

Q: My "landlord'' tried to raise rent an extra 500 less than 3 days before it was due and demanded I pay rent or be evicted

I moved in because my dad ( not biological but he was there since birth and raised me my entire life ) went into a nursing home and I was to take care of the house he passed away and his brother had right of survivor ship (my father signed when he was not of sound mind) and agreed to this. After he passed away me and his brother came to a verbal agreement of $800 a month even though him and my dad split mortgage 500-500 I was being cordial and didn't Bring that up. Well first month of September was paid 4 days late but still paid ( u have a 5 day grace period) on September 28th he came banging on my door demanding I pay an extra $500 or he will evict me basically trying to strong arm me. I am a licensed real estate agent and know some of my tenant rights so I voiced that to him and received an eviction notice the following Sunday from a marshal before the second month of rent was due. I tried to come to an agreement with him multiple occasions and attempt to pay him he refused the $.

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1 Lawyer Answer
Steven Warren Smollens
Steven Warren Smollens
Answered
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: If you received an eviction notice from an NYC Marshal that means you already lost the underlying summary proceeding, the landlord has a judgment and the court issued an eviction warrant and you will be evicted unless a Housing Court Judge signs an Order to Show Cause.

NYC Marshals do not serve eviction notices on Sundays.

I suggest that you share your papers with an attorney.

Tim Akpinar and Daniel Michael Luisi agree with this answer

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