t0nythelover Posted August 19 Report Share Posted August 19 i been reading up and i think i got illegally kicked out my crib. basically i never paid rent and lived there for 3 years (my gfs crib) and the day of the blackout without informing me my gfs mom told the doorman never to let me in and all my possesions are there. im pretty sure that im not allowed to be kicked out like that without a court proceeding. can anyone help? i have bank forms and my tax papers showing that thats my legal address but there all in the apartment with all my possesions. does it matter taht i never paid rent? i think im going to the nearest police station tommorrow to see if they can help. seriously if anyone knows about this PLEASE help me cuz im assed out. thanx in advance. Quote Link to comment Share on other sites More sharing options...
Twilo Beauty Posted August 19 Report Share Posted August 19 Call the cops. I'm pretty sure you have rights since your personal belonging are there and have been for three years. There has to be a reasopn why you were there so long without paying rent and the mother not bitching about it. Also, why dont you get a free consultation from a lawyer instead of looking for one on a club messageboard? -iliana Quote Link to comment Share on other sites More sharing options...
kiggityca Posted August 19 Report Share Posted August 19 Originally posted by t0nythelover i been reading up and i think i got illegally kicked out my crib. basically i never paid rent and lived there for 3 years (my gfs crib) and the day of the blackout without informing me my gfs mom told the doorman never to let me in and all my possesions are there. im pretty sure that im not allowed to be kicked out like that without a court proceeding. can anyone help? i have bank forms and my tax papers showing that thats my legal address but there all in the apartment with all my possesions. does it matter taht i never paid rent? i think im going to the nearest police station tommorrow to see if they can help. seriously if anyone knows about this PLEASE help me cuz im assed out. thanx in advance. hi!i'm not a lawyer but i had a landlord issue a few years back and did a LOT of research into NY tenant laws. were you on a lease at all, or is it your gf's place and you moved in? i'm not sure what the law would be if you're living at a place someone else owns or has a lease for, and your name isn't on it. what i do know is that a landlord can't just kick you out; even if you haven't paid rent they would have to go to court first and get an order of eviction, which usually takes a while. also they can't take your stuff, they have to give everything back to you. if it was your gf's place and you moved in but never were added to the lease, she probably does have the right to kick you out but i'm sure is still legally required to give you your things. if she won't talk to you, going to the cops might be a good idea, let them know that you just want to get your stuff back, so that if your gf won't let you in they can escort u there. otherwise you may have to take her to court, where you can sue her for the value of your stuff, which is a real pain because if you win she only has to give you $ and not your stuff, and it could take a while for her to give you the full amount. if it is your gf's place and your relationship has ended, it's best to try to stay on good terms, don't make any threats or go to court until you have tried everything else, just calmly try to work it out so that you can get your stuff & find a new place to live and move on... Quote Link to comment Share on other sites More sharing options...
t0nythelover Posted August 19 Author Report Share Posted August 19 the landlord didnt kick me out, her mother just told the doorman not to ever let me in the building again. and im not on the lease but i dont think that matters since its my legal residence. i would think my tax papers would show that i was legally living there. why would my name have to be on the lease to prove that i was living there or to show i had a right to be there. i couldnt do anything that night cuz it was the blackout night. i been lookin online too, but i know theres at least one lawyer on cp. just lookin at all avenues for information on the subject. Quote Link to comment Share on other sites More sharing options...
joeg Posted August 19 Report Share Posted August 19 Regardless if you pay rent or not, you've already established residency (ie. have your stuff there, and slept there 30+ days) They can't kick you out like that... they have to give you formal notice of eviction and theres a time minimum, and then they'd have to take it through the courts and whatnot...you can call the police, and they'll escort you back inside or arrest them if they refuse... Quote Link to comment Share on other sites More sharing options...
t0nythelover Posted August 19 Author Report Share Posted August 19 Originally posted by joeg Regardless if you pay rent or not, you've already established residency (ie. have your stuff there, and slept there 30+ days) They can't kick you out like that... they have to give you formal notice of eviction and theres a time minimum, and then they'd have to take it through the courts and whatnot...you can call the police, and they'll escort you back inside or arrest them if they refuse... thanks joeg, im gonna swing by the police station tommorrow on the way over. joeg are u goin to the roxy friday? if this shit works out and im ok ill buy you a drink at the roxy...let me know Quote Link to comment Share on other sites More sharing options...
joeg Posted August 19 Report Share Posted August 19 Originally posted by t0nythelover thanks joeg, im gonna swing by the police station tommorrow on the way over. joeg are u goin to the roxy friday? if this shit works out and im ok ill buy you a drink at the roxy...let me know glad i could help.not sure about roxy... i've been working my ass off all week, i think i'm gonna be too exhausted... but if i go, i'll look for ya! Quote Link to comment Share on other sites More sharing options...
kitty19 Posted August 19 Report Share Posted August 19 Originally posted by t0nythelover basically i never paid rent and lived there for 3 years (my gfs crib) hello, scrub! good luck with your shit. Quote Link to comment Share on other sites More sharing options...
dr0ne Posted August 19 Report Share Posted August 19 how can the doorman take orders from your gfs mom? is the mom the landlord like she owns the apt and your gf just lives there or is the mom the one on the lease and she pays your gfs rent? either way if that happened to me the first thing i'd do is call 911 and have the cops come over have a word with the doorman....i'd guarantee he'd let you come in to get your stuff, unless your gf isnt home or something like that.as far as being able to stay there, i highly doubt any of this established residence shit will stick....specially if you've been basically mooching off the gf by staying there and not paying rent....they can kick you out anytime they want, there's no obligation to let you stay there if your name isnt on the lease and you're not paying rent. Quote Link to comment Share on other sites More sharing options...
funkyfreshdc Posted August 20 Report Share Posted August 20 why would landlord-tenant law apply? if no lease was signed and rent was never paid, t0nythelover was never a tenant. he was a guest who had no legal right to the premises. Quote Link to comment Share on other sites More sharing options...
kiggityca Posted August 20 Report Share Posted August 20 yes, you can probably establish that it was your legal residence, but i think landlord-tenant laws only apply if you have entered into a legal rental agreement, i.e. a lease. i'm not saying you wouldn't have a case for getting your stuff back, but you won't be able to live there anymore and i don't think you'd be protected from being kicked out.good luck with everything! Quote Link to comment Share on other sites More sharing options...
sassa Posted August 20 Report Share Posted August 20 Originally posted by funkyfreshdc why would landlord-tenant law apply? if no lease was signed and rent was never paid, t0nythelover was never a tenant. he was a guest who had no legal right to the premises. hahaha! luv your sig...is that vicman? Quote Link to comment Share on other sites More sharing options...
funkyfreshdc Posted August 20 Report Share Posted August 20 Originally posted by sassa hahaha! luv your sig...is that vicman? yup Quote Link to comment Share on other sites More sharing options...
kaligirl Posted August 20 Report Share Posted August 20 If you are not on the lease, and have not been paying rent then you have no legal right to the apartment.The most you can do is call the cops, tell them your situation, you might have to show them your tax papers or something to confirm that you did live there. They should be able to escort you up to get your stuff.I had to do that once. I had a psycho roomate and she would not let me in to get my stuff. I called the cops they came and supervised while I moved my stuff out. Quote Link to comment Share on other sites More sharing options...
sassa Posted August 20 Report Share Posted August 20 Originally posted by funkyfreshdc yup :laugh: :laugh: Quote Link to comment Share on other sites More sharing options...
joeg Posted August 20 Report Share Posted August 20 He established residency... thats enough.as long as hes slept there and his stuff has been there for 30 days or more, hes a legal resident there and thus cannnot be just "thrown out on his ass"... the law protects him. Quote Link to comment Share on other sites More sharing options...
kiggityca Posted August 21 Report Share Posted August 21 as long as hes slept there and his stuff has been there for 30 days or more, hes a legal resident there and thus cannnot be just "thrown out on his ass"... the law protects him.i don't know about that... i would think the law probably protects the person whose name is on the lease... if the gf doesn't want to live with him and her name is on the place, she has a right to tell him to leave... hopefully she is a reasonable adult and they can discuss it maturely and work something out but unfortunately that's not always the case... Quote Link to comment Share on other sites More sharing options...
t0nythelover Posted August 21 Author Report Share Posted August 21 ? Quote Link to comment Share on other sites More sharing options...
kiggityca Posted August 22 Report Share Posted August 22 i already gave you "2 cents" hehedid you go to the cops? what happened? Quote Link to comment Share on other sites More sharing options...
bumpdaddy Posted August 22 Report Share Posted August 22 whether or not there was a written lease with your name on it... if you can establish that you paid money towards rent and utilities on a monthly basis then you can argue that there was an implied rental agreement between you and your girlfreind. Your situation in this case would be treated as a month to month rental and would require here to give you sufficient notice,. However ... if there was a more informal arrangement .... basicly you kicked in a few bucks every now and then to help out....things become very different and she is only obligated to return items that you can prove are yours... Quote Link to comment Share on other sites More sharing options...
kiggityca Posted August 22 Report Share Posted August 22 if you can establish that you paid money towards rent and utilities on a monthly basisright but he didn't pay no rent so buh bye! lol Quote Link to comment Share on other sites More sharing options...
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