Can my landlord evict me after I called code enforcement?
2 attorney answers
You can assert a defense and counterclaim if retaliatory eviction if your landlord starts a holdover action against you in Housing Court.
Alan J. Goldberg, Esq. is an attorney with over 25 years of experience in representing tenants in life changing multi million dollar buy out situations and defending all types of eviction proceedings. He aggressively defends Non Payment, Holdover and Ejectment eviction proceedings and actions and affirmatively asserts defenses and counterclaims. All answers herein are for general and informational purposes only. The answer to a question is not legal advice and does not establish an attorney-client relationship.
Dear Binghamton Tenant:
Generally, local code violations for a garage do not invoke habitability issues. A landlord's decision to end a tenancy without a lease, could be an act of retaliation. The tenant must wait for the eviction lawsuit to put Retaliatory Eviction into the case by pleading the facts in a written answer (the response) to the landlord's petition. Look up NY Court Help Upstate Eviction lawsuit.
Ordinarily, a Landlord does not require a reason to terminate a tenancy without a lease; but does require a proper advance notification of intention not to renew the month to month tenancy. That could be as little as 30 days, but in your situation with a tenancy longer than three years that is a ninety day notice.
if you have a current lease, the landlord is limited to whatever rights the lease provided to accelerate the end date of the lease. Usually, simple claims of drug use are not successful grounds. But arrests for drug use on the rented premises could be.
Go see a local lawyer to assist you in defending your tenancy and your children's home.
I have forty four years experience in the specialty of Housing Law and Tenant's Rights advocacy. The answer I provided to you does not create an attorney and client relation. You are free to check my office contact information at my AVVO profile. The answer offered is in the nature of general information, and should not be considered as tailored legal advice. I offer answers as a service to the community with my firm belief that you should try gain a good outcome for your legal issue and to avoid a bad outcome if you can.