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My landlord says that I must vacate the premises by 4pm tomorrow if I stay after that it will be considered trespassing, true?

Cohoes, NY |

My landlord says that I must vacate the premises by 4pm tomorrow and if I stay after that it will be considered trespassing. He says that I signed an agreement that I never signed, what should I do?

Attorney Answers 3

Posted

If you have been a tenant for more than 30 days I don't think he can just throw you out. He has to start eviction proceedings. If I were you, I would hire a local landlord/tenant attorney ASAP.

I 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.

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Asker

Posted

I have Legal sheild, and they say that I can only call outside of normal business hours if I am being arrested or if the police are at my door. Can he still enter without my permission? He, per an agreement that I did not give him, states that he is terminating the license agreement. Do I have to leave by tomorrow at 4pm?

Posted

Dear what should I do?

Hello. You have had nearly all day to explain with facts instead of mere conclusions what is going on in your life. Earlier today the impression you gave was that without any cause and without a court proceeding and without you having signed any agreement, the person you identified as "landlord" told you he arranged for the Cohoes Police to come on Sunday at 4 PM and evict you. You did not take the time to explain how you began to occupy the property, how long you occupied the property and if you paid anyone, in particular your "landlord" for the right to occupy the property.

Good luck.

The 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.

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Asker

Posted

I have been a tenant since mid october and I pay my monthly rent to the same person who states he is evicting me in 24 hours; at 4pm on Sunday. I have payed for this month's rent in full.

Steven Warren Smollens

Steven Warren Smollens

Posted

OK. So by now you know the landlord must use a court proceeding to evict you. See a lawyer on Monday if you are not illegally evicted on Sunday. Read more about your rights as a tenant in New York State at: http://www.ag.ny.gov/sites/default/files/pdfs/publications/Tenant_Rights_2011.pdf Read more about the process in a landlord and tenant case here: http://nycourthelp.gov/booklets/TenantsGuide_holdover.pdf http://www.nycourts.gov/courts/3jd/city/Tenant's%20Summary%20Proceedings.pdf See a lawyer. Good luck.

Asker

Posted

Thanks for all of your help!

Steven Warren Smollens

Steven Warren Smollens

Posted

OK. Be safe. Good luck.

Posted

Get an attorney to review the case with you and file and order to show cause if appropriate.

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