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My mother was recently evicted

Yonkers, NY |

while she was at work the marshal changed the locks on her apartment and left a note, prior to this she has never received a notice of eviction, no documentation from the housing management or landlord in any way, she has gone to court on a previous late payment on rent which was rectified, its been almost a year since then, is what is happening to her legal?

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Attorney answers 4

Posted

She needs to check the Court file and see what the Affidavit of Service says and immediatley move by Order To Show Cause to re-instate possession. Depending on the facts she may have a civil case against the landlord for unlawful eviction. She would be smart to hire a landlord-tenant lawyer.

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Asker

Posted

thank you for your advice I am going to pass on the information to my mother, with any luck she will follow it.

Posted

File an order to show cause to regain possession and request a stay preventing landlord from renting the apartment. Seek legal counsel, if eviction was improper, them she may be entitled to treble damages.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

Asker

Posted

thank you for your advice I am going to pass on the information to my mother, with any luck she will follow it.

Posted

Dear Yonkers Tenant:

Check the eviction notice for the index number.

If the index number matches the old case, go to court, review the case filed, and seek an order to show cause, because the case was resolved and no eviction notice was served before the eviction. As part of the request for interim relief (TRO) request immediate restoration to the home.

If a different index number, then there was a new case and you had no notice of any kind about the case. Again, immediately, go to court, review the case file, obtain an order to show cause. Since no rent is owed, and the landlord did not make a new rent demand, and the tenant did not receive a new notice of petition and petition, and no notice of eviction, request that the court vacate the judgment and dismiss the case. As part of the request for interim relief (TRO) request immediate restoration to the home.

Look here for more information:

http://homes.westchestergov.com/tenants/eviction-prevention

http://lshv.org/

http://lshv.org/contact/our-offices.html

http://homes.westchestergov.com/images/stories/pdfs/esg_guidelines.pdf

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.

Asker

Posted

that is the issue she was never given an eviction notice at all. and she is due to appear in court having no idea what is going on. or any documentation except the money order receipt for rent.

Asker

Posted

thank you for your advice I am going to pass on the information to my mother, with any luck she will follow it.

Steven Warren Smollens

Steven Warren Smollens

Posted

OK. That's the reason to review the court file before doing the order to show cause. Good luck.

Posted

I agree with what the others have already said, but wonder whether they have all noted you said the MARSHAL changed the lock -- NOT the landlord. It seems a little more odd to me that the Marshal would be participating in an "illegal" eviction. Please elaborate.

I may be guessing or not licensed in your state. No atty/client relationship exists.

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