My question involves an eviction in the state of: New York

Hello, I’m renting out a house and the tenant hasn’t paid the rent for 3 months. He doesn’t answer the phone, and I live far away from the house I’m renting out so it’s very difficult for me to go there and check up on what he’s doing. In anycase, this person doesn’t seem to be very trustworthy, and I want to take legal actions to evict him.

I never took legal action against anyone before I’m really new at this and need some newbie advice. I’m wondering, can I file a claim and summon him to small claims court? I have copies of the tenants rent application, rent deposit form (signed), driver’s liscense and some other documentation such as pictures of his pets etc. The only problem is that to this day, he still has not signed the lease contract, I only have a copy of the lease contract with my signature and date. I’ve never been involved in any legal conflicts so I’m totally ignorant as to what I should to or the steps I should take to take this individual to court, so I have to ask some stupid questions:

1. Do I even have a case legally without a signed lease contract from the tenant?
2. How do I file a small claims court case?
3. Are eviction cases handled in small claims or superior courts in NY?
4. If eviction cases are only handled in superior courts, do I need a lawyer, and in this case what about my 3 months rent money?
5. My house for rent is located in Long Island NY, how do I locate a small claims court near by me?
6. What is the legal limit for SCC cases (I’ll be sueing for 3 months rent which amounts to 4800 dollars).
7. Any other suggestions and or information that I should know but missed.

Thank you so much for reading my question. Any answer or help would be greatly appreciated. If anyone has personal experience with rent/tenant conflicts, please email me at wongb18c@gmail.com.

My husband is in the process of filling the form out to withdrawal from his 401K. For the reason he put to prevent eviction. We own a house and we are having trouble paying not just the house bills, but all of our bills. He is asking for $5000. I know as far as paper work and rules that he is eligible for the actual withdrawal, but how do we prove that we are in a tough situation as far as paying everything?
We haven’t actually gotten a foreclosure notice….I don’t know why it says eviction (isn’t that for renters)?
Anyway can someone help me with this? He asked me to mail it tomorrow, but I know they will need some kind of verification or proof.
What can we show them?….it’s simply a combination of things.
We had a situation this summer which caused us to be behind ever since.
We are not actually $5000 behind in mortgage, just wanted the funds to get caught up with our mortgage and bills….we ARE behind in our mortgage payments though.
They have already sent the form for us to sign. It just says something about verifying this…and I have no idea how to verify a multiple of situations…..because it’s not solely a mortgage problem.
well then tell me what ARE we supposed to do?? Make too much money for government assistance. Not enough to get back on our feet.
As I said, a situation came up this summer and we have been behind ever since.
What are we to do??

This place is awful– police have been out here multiple times for noise complaints but its been going on for 2 months now and apparently they never cite them because “its a university town and kids party”.
I have lost sleep, been placed on meds for stress and my schooling has been ruined – focus concentration so bad I had to drop from my own classes. I cant afford a good attorney and the landlord wont let me out unless I sublease which means I am responsible if someone damages the apartment. I’ve contacted everyone, including the press and the a police captain and a police colonel. Anyone have any ideas as to why the landlord wont admit his lies and let me out? Especially as its been making me ill?

Last Oct I was evicted from my apartment for failure to pay rent. I lost my job and outright didn’t pay more than a portion of one month of the three months I lived there.
Prior to the eviction, some unfriendly women working for the Lend leasing company came banging on my door so loud I jumped out of my skin. I opened the door and 2 women pranced in and continued to insult me and demand I pay them rent money or they would take my things.
They helped themselves to my son’s flat screen television, his xbox 360, his xbox , my stereo, vcr, and dvd player and also another small flat screen television that did not belong to me but to a friend who had temporally stored it there.
They were extremely disrespectful. I in no way confronted them or was hostile but just stood dumfounded and ready to cry. I had recently lost my job along with self esteem and confidence.
I did go to court and did not disagree with the eviction. The day I had to be out I packed my belongings the best I could, knowing the leasing company would physically be removing my belongings from the apartment to the parking lot. The law officer showed up that morning and I asked him if I needed to leave my apartment. He said no stating that i was cooperative. I was in the apartment still packing when I heard loud crashing sounds. I came out to see one of the workers throwing my backback over the ledge of the third floor I lived on. I again almost began crying. One of them said it wasn’t anything breakable. I don’t think the worker realized I was in the apartment when he threw the item. I asked that they please not throw my things in such a manner. I didnt realize untill days later that there was actually breakable items in the backpack which included a pair of binoculars and a chi hair straightener.
I was inside the apartment looking in the phone book for a moving company and one of the Lend ladies entered my apartment began insulting me again stating she couldnt believe I didn’t know where i was going or what i was going to do with my belongings and why was i so irresponsible and I was taking up her men to move my stuff.
Why did these people insist on kicking me when I was down? I am in no shape or form a confrontational person. No, I didn’t pay rent and I was not uncooporative with the eviction.
It has been almost five months I have not payed the money I owe the leasing company. I am going to visit my son in PR this weekend. I also lost custody of him this past year and have not seen him for almost 2 years. He has been asking on the phone about his xbox 360 and it really kills me. Losing my son has been the most painful experience of my life. I know what has happened to me is a result of poor choices on my part but it still really hurts especially when it comes to issues with my son.
Long story short, what happens to belongings that leasing companies take in cases like mine and is there a chance of possibly getting them back.

I’m trying to rescue a Pit Bull. My renter’s insurance policy doesn’t discriminate against any breeds (kudo’s to them!!!) and will cover any damage caused by the dog if anything ever happens. Does my policy override my landlords homeowners policy that says “Breeds of Concern” (which includes Pits) are not allowed?

Would signing a legally-binding contract releasing any and all liability for the landlords work?

I guess I need an attorney…

We just found out Saturday that our landlord is in foreclosure via a letter from an attorney. Monday, the landlord said it was a big mistake and they just hadn’t paid property taxes yet. Checked public records and that turned out to be a lie. Landlord is MIA now. I checked pub records again today and the house was officially posted Monday (after I’d already checked), set to auctioned on April, 7th.
Rent is due on Friday but we need that money to move. When can we move without defaulting on the lease? The Tx Property code says the lease is void once foreclosure TAKES PLACE…Since it’s been posted already is our lease void or do we have to wait until April 7th?
The landlord is a huge liar (confirmed through pub records), and had a suit against him for non-payment of rent / eviction in Nov. Obviously HE was renting a house and defaulted and HIS landlord sued him and won ($8,000). What can we do? We don’t want him suing us for breaking the lease!!
Spoke to a real estate attorney, but he said that we’re basically screwed….
Getting married in 57 days and have a non-refundable honeymoon booked in 58 days!!!

I’ve searched endlessly for something that isn’t copied/pasted legal talk, but I’ve found nothing. I’ll explain my situation below. I’m NOT looking for anything copied from a website. I can google just fine on my own. I need it explained, especially the time lines.

I was recently released from jail to find out (not surprisingly) that I was being evicted for not paying my rent. I was mailed a Summons/Residential, dated August 28, 2008, stating I had five days to respond. Well, I was in jail until after that five day period ended. Now it’s September 11.

Can someone tell me (in english, please) what the next steps against me are, as well as the time I have left? By time left, I’m referring only to the process times. I’m aware that things can take longer to process depending on how busy the courts are. I’m mainly interested in what’s the minimum time I have left.

According to the clerk of courts website, my eviction case is listed as “open”. No dispositions entered, no rulings. Also, I live in Broward county Florida (I’m sure that’s important in determining the applicable laws).

Thanks in advance for anyone with useful information.
I’m not looking to contest it, and I can’t afford to pay it. I will not be able to catch up with the rent at any point. I’m only looking for time frames.
And thanks for actually reading the question. I found that exact process myself.

I need an ANSWER. Not a copied and pasted webpage.

I moved out of my apartment on the date specified by the judge in a court ordered money judgement/possesion.

This was a consent judgement, I showed up for court, and I received the court papers before leaving. I recieved in the mail on yesterday a notice from the property manager dated Oct. 17th, 29 days from the date, I moved out of the apartment. This notice did not have the correct rental unit or vacate date listed, but it has my name as a tenant, no damages were listed BUT they listed a default lease amount for the remainder of the lease if I hadn’t moved.

Is this a valid notice?

It stated that I had 7 days to respond. The information that they have listed on the notice is not accurate. If I reply to this notice, disagreeing with the information contained in the notice, will this classify as admission to what they have stated? Can I dispute the entire validity and authentication of the information listed?

Can I sue them for my security deposit, since they did not technically respond in the time allocated by legislature to act when refunding security deposits? Technically they have not contacted me, since the information listed is not accurate.

Attorneys/Landlord Tenant Law expertise/Property Managers/ or those who have encountered this same situation.

My parents received a summons from the court stating that they are being evicted because of non-payment. However, my parents have the cleared check copies from the bank where it clearly shows that the landlord cashed all of the checks… What can we do? The landlord has hired an attorney should we do the same? Or are my parents okay since they have proof of payment? Thanks in advance!