Can my landlord kick me out if i'm disabled & have no place else to go? can i be kicked if i get disability?

Asked almost 2 years ago - Angola, NY

my landlord wants to kick me out but i get disability & if he does kick me out i won't have a place to live.

Attorney answers (3)

  1. Glen P. Malia

    Contributor Level 11

    2

    Lawyers agree

    Answered . The landlord can terminate your tenancy even if you are on disability and have no other place to go. However, the landlord must first get a court issued judgment and warrant of eviction by bringing a summary proceeding in the town court where you apartment is located. You should consult an experienced landlord/tenant attorney.

  2. Steven Warren Smollens

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Dear can my landlord kick me out?

    I believe you posted this question twice with different facts. In any case, your access to the Internet would have provided an answer to your question, as no where in the State of New York, or in the entire country, is a landlord allowed to bypass the legal system and just "kick out" a tenant. Everywhere the answer is the same although the process differs from state to state. New York State poses one of the most difficult procedural statutes and so a landlord must satisfy a judge with competent proof, as well as a basis under the tenant's lease, why an eviction should be ordered. As long as you are prepared to meet the landlord's case and have evidence t o rebut the charge, you should win.

    Read more about your rights as a tenant in New York State at:

    http://www.ag.ny.gov/sites/default/files/pdfs/p...

    Good luck.

    The answer provided to you is in the nature of general information. The general proposition being that you should... more
  3. Michael Ryan Juarez

    Contributor Level 16

    Answered . In California, landlords can evict month-to-month tenants with 30 day notice regardless of disability status. NY law may be different, I would consult with a local tenant lawyer.

    -Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.... more

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