Tonawanda, NY asked in Landlord - Tenant for New York

Q: In NYS do veterans with kids have certain protections from evictions. Specifically when said owner wants to move back in

It's a very messy case or will be. The owner has been in and out of jail and rehab. There were lead paint issues he didn't disclose I had to remedy. There have many other things I had to fix or repair to make it livable. Owner's parents are stating they are said owners p.o.a.. The parents have started the process by serving me with a 14 day then a 60 day notice thus far without owner involvement due to the owner being in some drug shock camp.

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2 Lawyer Answers
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Schenectady, NY
  • Licensed in New York

A: This question requires insight into our modern government in the early 2020s. Reliance on veteran status is dangerous.

Our historic governmental structures of a representative law writing body with a judicial system that treats everyone equally has been radically altered. It is not yet clear who directed this alteration and for what gain, but this balance is altered.

The one governmental structure that is established to maintain stability is the U.S. Supreme Court because it is the highest law in the land. That body is routinely attacked when it enters decisions that preserve the past. We hear of movements to increase the numbers of justices and we hear of criticisms of individual justices, and so on. However, judges do indeed rule in erratic ways so as to assist litigants who are without a background.

Most likely using language to change laws, the effect on the judiciary has been deep. We no longer treat everyone equally before the law. Instead, we now have protected groups. This skewing of justice for and against people has occurred, and the outcomes are awful.

Veterans hail from a body of historic conservatives professionally developed over time who do not advocate change. They wants government to remain the same so that society can flourish freely. People with no history and no future do not want this stability.

Asserting veteran status in this environment is a prelude to disaster. There is only disadvantage and loss when a person announces he is a veteran. Housing, like employment, is mostly an at-will endeavor despite very short term leases. When either the tenant or the landlord want the relationship to end, there is no stopping it. The fact that the landlord is drug addicted in fact militates to the landlord's favor before the law as he is now without a background and without a future.

Veterans have no protections at all. Calling a veteran hotline results in a dead circle. The veteran must instead recall all his survival skills and go it alone unless and until we the people restore what we used to have in government and its courts.

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

A: A 14-day notice is a rent demand [the predicate notice required to sue for an eviction based on not paying rent], and a 60-day notice provides the mandated advance written notification of the end of a tenancy when the tenancy is less than two years in total duration but more than one year.

In parts of New York State (but not in NYC), evicting a tenant is quicker using a nonpayment of rent proceeding than the end of the tenancy (holdover) proceeding is possible.

Tonawanda, Erie County, and New York State do not have any special anti-eviction protections for Veterans with children. You should contact the local veterans services office.

New York State does not require any reason to evict a tenant without a lease where the new Good Cause Eviction statute does not apply.

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