need help

[Guest Guest-justval-*]

so because i have paid rent and have receipts of the rent on time every month means nothing

they said its being forclosed and i have no options

i have a 10yold who loves her school maine memorial

and a 2 month old baby thats not even slept a day in his room yet (that i spent months on )

 

anyways i am trying to find something in maine, outskirts of endicott west corners

but really maine or endwel

 

please post web sites for apts i know craigs list and press n sun

 

or if you have any legal advice i would also appreciate that

 

 

[Guest Guest]

[Guest dershowitz]

so because i have paid rent and have receipts of the rent on time every month means nothing

they said its being forclosed and i have no options

i have a 10yold who loves her school maine memorial

and a 2 month old baby thats not even slept a day in his room yet (that i spent months on )

 

anyways i am trying to find something in maine, outskirts of endicott west corners

but really maine or endwel

 

please post web sites for apts i know craigs list and press n sun

 

or if you have any legal advice i would also appreciate that

 

 

who is they? if you paid a landlord and they accepted it as rent money and then did not pay their mortgage, i believe you can sue the lanlord for the rent money because they accepted it under false pretenses. it's illegal to take money from someone for a specific business reason and spend it on something else. not sure, but pretty sure.

[Guest Guest]

who is they? if you paid a landlord and they accepted it as rent money and then did not pay their mortgage, i believe you can sue the lanlord for the rent money because they accepted it under false pretenses. it's illegal to take money from someone for a specific business reason and spend it on something else. not sure, but pretty sure.

 

 

That is incorrect. This is happening across the country, as renters end up being thrown out of apartments and homes due to landlords defaulting on their mortgages. The renters have no recourse but to try to find another place. It sucks.

 

 

[2pelo Honey]

Even though it does suck, it's not "false pretenses"...rent paid is for rent, period, not the owner's mortgage payment.

 

Many LL's have no liens on their properties.

 

It's too bad there isn't some sort of recourse.

[Guest dershowitz]

That is incorrect. This is happening across the country, as renters end up being thrown out of apartments and homes due to landlords defaulting on their mortgages. The renters have no recourse but to try to find another place. It sucks.

 

 

i think it's worth checking out with a lawyer. can't hurt.

 

 

@

[Nonie]

email me with contact information and I'll give you the name of an apartment in the location you are seeking. 3 bedroom, nice neighborhood, nice apartment and reasonable.

[Guest Reddi Killowatt]

I'd go smack the crap outta your landlord.

[Guest Guest]

I'd go smack the crap outta your landlord.

 

 

Don't just smack the crap out of him. Crap ON his face!!!

 

 

@

[Billy the Kid]

who is they? if you paid a landlord and they accepted it as rent money and then did not pay their mortgage, i believe you can sue the lanlord for the rent money because they accepted it under false pretenses. it's illegal to take money from someone for a specific business reason and spend it on something else. not sure, but pretty sure.

Very NOT TRUE!

 

You are a renter and at the time your landlord charged you the rent he was the landlord/owner. He collected the rent that you agreed to pay and you lived in his property for the period of time that you paid the rent for. If he did not pay the bank, that is between him and the bank and you are still just the renter. Most of the time when a bank forecloses, they don't eveict the tenants, they start collecting the rent on the property and try to sell the property. You as a renter have no legal recourse against the landlord or the bank. Who told you that you had to move? Was it the landlord? If so, I would find out who is forclosing and contact them to see if you can remain in the property and continue to pay the rent until someone buys it. Or depending on your financial situation, talk to the bank about possibly purchasing the property. Another option would be to find an investor that would be willing to buy the property as an investment and become your new landlord. Contact me at bcvbillythekid@hotmail.com and if that is the direction that you want to go, I can steer you to some people that do this and possibly keep you in your home.

[Guest dershowitz]

Very NOT TRUE!

 

You are a renter and at the time your landlord charged you the rent he was the landlord/owner. He collected the rent that you agreed to pay and you lived in his property for the period of time that you paid the rent for. If he did not pay the bank, that is between him and the bank and you are still just the renter. Most of the time when a bank forecloses, they don't eveict the tenants, they start collecting the rent on the property and try to sell the property. You as a renter have no legal recourse against the landlord or the bank. Who told you that you had to move? Was it the landlord? If so, I would find out who is forclosing and contact them to see if you can remain in the property and continue to pay the rent until someone buys it. Or depending on your financial situation, talk to the bank about possibly purchasing the property. Another option would be to find an investor that would be willing to buy the property as an investment and become your new landlord. Contact me at bcvbillythekid@hotmail.com and if that is the direction that you want to go, I can steer you to some people that do this and possibly keep you in your home.

 

 

so much for my law career. i think the bank would rather have paying renters stay in the building. it might make the building more marketable to prospective buyers if they know they will have immediate income from tenants.

[bing4126]

Very NOT TRUE!

 

You are a renter and at the time your landlord charged you the rent he was the landlord/owner. He collected the rent that you agreed to pay and you lived in his property for the period of time that you paid the rent for. If he did not pay the bank, that is between him and the bank and you are still just the renter. Most of the time when a bank forecloses, they don't eveict the tenants, they start collecting the rent on the property and try to sell the property. You as a renter have no legal recourse against the landlord or the bank. Who told you that you had to move? Was it the landlord? If so, I would find out who is forclosing and contact them to see if you can remain in the property and continue to pay the rent until someone buys it. Or depending on your financial situation, talk to the bank about possibly purchasing the property. Another option would be to find an investor that would be willing to buy the property as an investment and become your new landlord. Contact me at bcvbillythekid@hotmail.com and if that is the direction that you want to go, I can steer you to some people that do this and possibly keep you in your home.

 

I agree with BTK and would also like to add this .

 

It doesn't matter who owns the apartment your living in , they must follow the eviction procedures standards . The only legal way to get you out of that apartment is by a Judge signing a warrent of eviction .

 

It takes them time to do this and it should give you time to find a place if all other options fall .

 

You can find the laws that pertain to your situation in New York State Real Properties Laws , under Landlord and Tenant Relationship .

 

[Guest dershowitz]

I agree with BTK and would also like to add this .

 

It doesn't matter who owns the apartment your living in , they must follow the eviction procedures standards . The only legal way to get you out of that apartment is by a Judge signing a warrent of eviction .

 

It takes them time to do this and it should give you time to find a place if all other options fall .

 

You can find the laws that pertain to your situation in New York State Real Properties Laws , under Landlord and Tenant Relationship .

 

 

assuming nobody wants to demolish the place, why would the bank want to kick out paying renters? i know they probably don't care about the rent money but i think it's a selling point to potential buyers. the only thing i can think is if the bank doesn't want to be responsible for maintenance on the building until they sell it. who would the tenants call if they needed something fixed? the bank might not want that since it's not their business.

[football coach]

email me with contact information and I'll give you the name of an apartment in the location you are seeking. 3 bedroom, nice neighborhood, nice apartment and reasonable.

what can you find in the kirkwood windsor area?

[Guest Guest]

what can you find in the kirkwood windsor area?

The village of Windsor? Try the manor apartments on gary street, the old sharon village.

[Guest Guest]

Often times banks prefer to convey a property vacant and serve a 10 day notice to vacate to any tenants.

[Guest Guest]

Often times banks prefer to convey a property vacant and serve a 10 day notice to vacate to any tenants.

 

There's no such thing as a ten day notice to vacate .

[Guest Guest]

There's no such thing as a ten day notice to vacate .

Really. Ask any bank dealing in a foreclosure. They give 10 days notice on their letterhead that the property is being foreclosed and the tenant has 10 days to vacate. There may not be a legal form called "10 day notice" but it's standard bank procedure to give 10 notice.

[Guest k]

so because i have paid rent and have receipts of the rent on time every month means nothing

they said its being forclosed and i have no options

i have a 10yold who loves her school maine memorial

and a 2 month old baby thats not even slept a day in his room yet (that i spent months on )

 

anyways i am trying to find something in maine, outskirts of endicott west corners

but really maine or endwel

 

please post web sites for apts i know craigs list and press n sun

 

or if you have any legal advice i would also appreciate that

 

Check Broome Apartments dot com they have very nice places listed on there plus gives you all the info you need plus pictures

[Guest Guest]

Really. Ask any bank dealing in a foreclosure. They give 10 days notice on their letterhead that the property is being foreclosed and the tenant has 10 days to vacate. There may not be a legal form called "10 day notice" but it's standard bank procedure to give 10 notice.

 

You can find the laws that pertain to this situation in New York State Real Properties Laws , under Landlord and Tenant Relationship .

 

 

@

[Guest Guest]

I agree with BTK and would also like to add this .

 

It doesn't matter who owns the apartment your living in , they must follow the eviction procedures standards . The only legal way to get you out of that apartment is by a Judge signing a warrent of eviction .

 

It takes them time to do this and it should give you time to find a place if all other options fall .

 

You can find the laws that pertain to your situation in New York State Real Properties Laws , under Landlord and Tenant Relationship .

 

You have no idea what you are talking about bud. A landlord does not have to follow the eviction process to remove a tennant. If the renter is month-to-month, a minimum of 30 days notice is required. If the tenant does not vacate by the date requested by the landlord, the landlord will then have to start the eviction process. 30 days is plenty of time for the tennant to find another apartment....By the way, I've been there, done that..it kills me when people act like they know what they are talking about.

 

 

@

[Billy the Kid]

You have no idea what you are talking about bud. A landlord does not have to follow the eviction process to remove a tennant. If the renter is month-to-month, a minimum of 30 days notice is required. If the tenant does not vacate by the date requested by the landlord, the landlord will then have to start the eviction process. 30 days is plenty of time for the tennant to find another apartment....By the way, I've been there, done that..it kills me when people act like they know what they are talking about.

 

There is an eviction procedure and you don't have to give someone 30 day to get out. Most of the time, you send a notice and summons the tenant to the local court and the judge decides if there is cause to evict. Then the judge can decide how fast you have to get out. As soon as 3 days

 

[bing4126]

There is an eviction procedure and you don't have to give someone 30 day to get out. Most of the time, you send a notice and summons the tenant to the local court and the judge decides if there is cause to evict. Then the judge can decide how fast you have to get out. As soon as 3 days

 

Yes , there's a procedure Billy , and the only way a Judge will sign a 72 hour notice ( warrart of eviction ) , is if the tenant is behind on the rent , or has ignored the 30 day notice to vacate .

 

Here is the law that apply :

 

New York State

REAL PROPERTY LAW (RPL)

Laws 1909, Chap. 52

 

 

ARTICLE 7

 

LANDLORD AND TENANT

 

Section.Sec. 228. Termination of tenancies at will or by sufferance,

by notice.

 

A tenancy at will or by sufferance, however created, may be

terminated by a written notice of not less than thirty days given

in behalf of the landlord, to the tenant, requiring him to remove

from the premises; which notice must be served, either by

delivering to the tenant or to a person of suitable age and

discretion, residing upon the premises, or if neither the tenant

nor such a person can be found, by affixing it upon a conspicuous

part of the premises, where it may be conveniently read. At the

expiration of thirty days after the service of such notice, the

landlord may re-enter, maintain an action to recover possession,

or proceed, in the manner prescribed by law, to remove the

tenant, without further or other notice to quit.

 

 

 

 

[bing4126]

You have no idea what you are talking about bud. A landlord does not have to follow the eviction process to remove a tennant. If the renter is month-to-month, a minimum of 30 days notice is required. If the tenant does not vacate by the date requested by the landlord, the landlord will then have to start the eviction process. 30 days is plenty of time for the tennant to find another apartment....By the way, I've been there, done that..it kills me when people act like they know what they are talking about.

 

 

@

 

If you know how to read ? Try this out , it's just what I explained before you claimed I don't know what I'm talking about .

 

It kills me when bird brains like you , who own a few slums think they're now lawyers .

 

Eviction

 

Following appropriate notice, a landlord may bring a summary non-payment court proceeding to evict a tenant who fails to pay the agreed rent when due and to recover outstanding rent. A Landlord may also bring a summary holdover eviction proceeding if, for example, a tenant significantly violates a substantial obligation under the lease, such as using the premises for illegal purposes, committing or permitting a nuisance, or staying beyond the lease term without permission. (RPAPL §711)

Only a sheriff, marshal or constable can carry out a court ordered warrant to evict a tenant. (RPAPL §749) A landlord may not take the law into his/her own hands and evict a tenant by use of force or unlawful means. For example, a landlord cannot use threats of violence, remove a tenant's possessions, lock the tenant out of the apartment, or willfully discontinue essential services such as water or heat. (Real Property Law §235) When a tenant is evicted, the landlord may not retain the tenant's personal belongings or furniture.

 

A tenant who is put out of his/her apartment in a forcible or unlawful manner is entitled to recover triple damages in a legal action against the wrongdoer. Landlords in New York City who use illegal methods to force a tenant to move are also subject to both criminal and civil penalties. Further, the tenant is entitled to be restored to occupancy. (RPAPL §713, §853)

 

I HOPE THIS CONVINCES YOU ..... IT CAME DIRECTLY FROM THE ATTORNEY GENERALS OFFICE ... HAVE A GOOD DAY !!!

 

 

@

[Billy the Kid]

Yes , there's a procedure Billy , and the only way a Judge will sign a 72 hour notice ( warrart of eviction ) , is if the tenant is behind on the rent , or has ignored the 30 day notice to vacate .

 

Here is the law that apply :

 

New York State

REAL PROPERTY LAW (RPL)

Laws 1909, Chap. 52

 

 

ARTICLE 7

 

LANDLORD AND TENANT

 

Section.Sec. 228. Termination of tenancies at will or by sufferance,

by notice.

 

A tenancy at will or by sufferance, however created, may be

terminated by a written notice of not less than thirty days given

in behalf of the landlord, to the tenant, requiring him to remove

from the premises; which notice must be served, either by

delivering to the tenant or to a person of suitable age and

discretion, residing upon the premises, or if neither the tenant

nor such a person can be found, by affixing it upon a conspicuous

part of the premises, where it may be conveniently read. At the

expiration of thirty days after the service of such notice, the

landlord may re-enter, maintain an action to recover possession,

or proceed, in the manner prescribed by law, to remove the

tenant, without further or other notice to quit.

 

Duh, what do you think I just said.

 

BTW, Judges don't always follow the written laws, sometimes they use their descretion in certain matters.