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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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.
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You should consult with an attorney who handles these matters regularly. See Mr. Rothstein's post.
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