How do I get an eviction notice? I have talked to local police dept. no forms. talked to sherrif dept. Said get a form off internet ,Make a copy, fill it out, get it noterized and Have it delivered by a law officer. I have spent days trying to find a form pertaining to room mates .All evictions pertain to land lord-tenant. My land lord knows I want my boyfriend out. I'm the only one on the lease. Boyfriend gives me his share of the rent.
Dear Tupper Lake Resident:
You found the correct forms (possibly) if you found NY State Tenancy Termination Notice [for use outside NYC] and you have a right to be confused--and that is the underlying scheme in NY State of Landlord and Tenant law. You are a "landlord" even though a "Petitioner" because NY State refused to amend the statutory scheme to deal with the huge amount of new lawsuits started by necessity by tenants against roommates, or tenants against subtenants.
In the jargon of this "law" any person seeking a judgment for eviction as a Petitioner must find authorization in the statute that allows for a person to start the summary proceeding if that person is the "Landlord or Lessor".
Although you may wonder the reason you must describe yourself as "Landlord" the lawsuits are generally caption Mary Smith (Landlord) Petitioner (Tenant) against John Nogoodguy (Roommate) Respondent (Occupant) or styles to that need to adhere to the NY ritual. Attorneys drafting papers for clients have their own sense of format usually driven by how the local judges look at these cases.
With a potential act of violence once you go legal you should have an attorney. That would help relieve the frustration of figuring out NY State Landlord and Tenant process as well as give you comfort knowing someone skilled in law and able to protect you is on your side.
I have forty 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.
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