Can the police be used to kick someone out of their basement-residence if the person has been paying rent and without an eviction notice or prior notification? Shouldn't there be due process? Can this count as wrongful eviction as well?
The police have no right to throw anyone out unless there is a danger of domestic violence. Otherwise, the parties must be referred to Landlord Tenant Court. We need to know more information.
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Criminal Defense Attorney
Is this an illegal apartment? Generally the police don't get involved but they might if they think there is an imminent danger. I suggest you consult with a lawyer who handles illegal eviction cases. I handle such cases.
I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.
You should consult with an attorney who handles these matters regularly. See Mr. Rothstein's post.
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