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My landlord of 4 yrs illegally evicted me. now is suing me in Civil Court for back rent, can i sue for illegal eviction,
New York, NY
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Posted about 1 month ago in Landlord / Tenant
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I was only given 7 days to vacate, no court orders were sent to me, and she still has not served me with any housing court or eviction notices, why is she suing in Civil Court and do i have any legal recourse??
Answers (1)Robert T Rosenblatt Esq
This attorney is licensed in New York.
Posted 3 days ago.
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In the State of New York, the landlord can NEVER use self help to remove you from your apartment. Only a Marshal can remove you and only after the Marshal gets an Order from the Court. It would take a few months for the landlord to go through the legal process to remove you. If the landlord changed your locks within 7 days, this is most certainly an illegal eviction.
My response would go to Court, get a finding of illegal eviction and then commence an action in Civil Court for treble damages as a result of the illegal eviction. In such a situation, I would have brought an Order to Show Cause and had you restored to possession within a few days of the illegal eviction. Your legal recourse is very strong but you must take action against your landlord to prove you were illegally evicted and preserve your rights against the landlord. |