Can a landlord tell me today that I am being evicted by 4pm tomorrow without a court order? Can the police remove me?

Attorney answers (4)

1. Licensed in NY

   

   Steven Smollens

   New York Landlord / Tenant Lawyer

   Contributor Level 18

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   Answered January 19, 2013 08:35. Dear can landlord tell me?
   
   Perhaps. New York State's ;aw relating to when a special proceeding must be brought to remove a tenant from possession carves out a narrow exception for persons who have not yet lived thirty consecutive days in their dwelling. Strange but true. New York City's illegal eviction law tracks that state law and allows for eviction without court process for a person residing less than 30 days in their dwelling.
   
   You should check with Cohoes Police Department to verify the landlord's information to you.

   The answer provided to you is in the nature of general information. The general proposition being that you should... moreThe answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can. less

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2. Licensed in NY

   

   Eric Rothstein

   New York Personal Injury Lawyer

   Contributor Level 20

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   Answered January 19, 2013 08:22. No but if you are living there with out a lease it is only a matter of time.

   I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... moreI am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice. less

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3. Licensed in NY

   

   Mark CampanellaPro

   Fairport Landlord / Tenant Lawyer

   Contributor Level 13

   

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   Answered January 19, 2013 08:35. No, he cannot legally ask you to leave and give you 24 hours notice. In order to remove you from the property, he needs to commence an eviction proceeding. Even if he calls the police, it's unlikely they will get involved as this is a civil matter pertaining to a leasehold, and not a criminal matter. If he does attempt to remove you, he would be engaging in what is known as self-help, and he could be liable to you for his illegal actions.

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4. 

   Rixon Rafter

   Fairfax Landlord / Tenant Lawyer

   Contributor Level 20

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   Answered January 19, 2013 08:17. No.
   No. Police will likely tell you & LL the matter is a civil matter.

   READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia.... moreREAD THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation. less

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