Can they give an 72 hour eviction to a sick and single disabled person with small kids?

Question

I got an 72 hour eviction yesterday. What I am wondering is one I am disabled and two I was hospitalized for sick. The doctors wrote a note to the landlord saying I can't move because of how sick I am. Does the landlord and the cops have to go by this legally? Our property manager said they do but I don't believe him. Can any one help, I live in New York. Does anyone know the laws on this? By the way we are being evicted after going to court and no judgment was put against us.

Answer 1

I don't know your story and I'm sure that there is more to it that what you've devulged here... but if you are in NY I suggest you seek out the Legal Aide Society.  

In NY evicting anyone is like trying to put a baseball through the eye of a needle.  The courts will usually side with the tenent.

Are you making any rent payments?

Answer 2

This sounds like retaliation - which is illegal.

A landlord cannot evict you because you went to court against them.

They can evict a disabled, sick person with kids if they have grounds to do so.  If you had not paid the rent, they could evict you for that.

Go back to the lawyer to defend against this illegal action.

FYI - Everyone assumed rent was unpaid because that is the most common reason for eviction.

Answer 3

Every state is different.  So, you need to call your city hall and ask them.  I am sure they are a department that handles this.

Answer 4

A doctor is not an attorney and having handicapped children does not give you special legal protections on not paying your bills unless you are a Section 8 tenant.

In the state of NY, he must go to court and obtain the eviction.

You need to call the court and see if an eviction was obtained...I have a feeling it was because you never said the case was dismissed.

The case had to have ended one of three ways.  Either you were told you could stay, you were told you had to move, and you were either ordered to pay or not pay money.

I find it hard to believe that you have no idea of the outcome.

Here is an easy way to tell:

If you haven't been paying your rent, then the landlord got authority from the court to evict you.

Answer 5

Rental laws change from state to state.  Most states require at least 30 days notice.  That notice must be sent through the mail.  Not posted on a door or hand delivered.  As far as your doctors note goes it more than likely does not mean anything.  Being disabled does not effect your rights unless you feel that you are being evicted due to your disability. Depending on your disability you may have more resources at your disposal.  If it is a mental health issue or AIDS you have several resources available.  My advice to you is to contact your local housing authority they will be able to tell you where you stand and direct you to resources that may help you.

If you have not paid your rent that is a totally different story.  I really hope you have paid your rent in full on time.

Answer 6

The landlord is not running a charity business. he is in this to make money.  If you can't pay the rent, then sooner or later he will be able to have you evicited. If you can't afford to pay rent maybe you should apply for assistance  at section 8  I am not familiar with the laws of New York as far as getting assistance but I know there must be someone that can help you. But I do know that the landlord is not required to provide you with free housing.  

Answer 7

You mean they have a court order and have given you final notice? If true, you should have seen this coming months ago and made plans. The sheriff will pile your stuff on the sidewalk and the neighbors will have a field day.

Answer 8

So, because you are sick you think this landlord of yours is responsible to support you?

It sounds like a judgment, of an eviction, was granted and you have 72 hours to leave.   You will be forcibly removed by the Marshall at the time specified on the order.

Landlords usually take you to court twice, once for the possession of their property and then again for the back rent.   If they ask for back rent the first time around they can not amend it later for damages.

You need to ask your family, friends and church to help you move.    There is no law requiring one person to support another who they are not married to.

Answer 9

Do a search on "legal centers" in NY and see what you find. You need some legal assistance and you need it NOW.