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Kairi's avatar

Can she do this?

Asked by Kairi (561 points ) May 24th, 2014

My landlady sent me a text this morning saying that I have to pay her what I owe in late fees by Monday or move out on that same day.

Not only am I almost certain she is overcharging me, but isn’t this an illegal eviction? In new york state, where I am, you get 30 days notice to move out and have to be served an eviction notice, not a text. It is a holiday weekend and a weekend nonetheless so I can’t get help to move or the money by Monday.

She claims that it is a “extended stay lease” and therefore she doesn’t need to give me 30 days. Isn’t she wrong? All my legal consultation has said yes but she still won’t listen and has been making snippets comments like “you should he a second job” and “I shouldn’t have to suffer because of your poor choices” and when I said I get paid Thursday and can pay then, she said “how much will I be expecting? Because I doubt tou will have enough”. All of this was said by text as I am at work and she can’t come here nor can I make phone calls.

I know its illegal but i’m still nervous she will call the cops on my boyfriend and I over it and I am pretty certain she may have updated the lease since I signed it and just did not inform me.

This is also a place where they complain if I make noise at night because they are trying to get to sleep when they know I work nights and yet bump around and make excessive noises when I try to sleep in the mornings but then tell me its daylight so they can do what they want and I can’t complain about it. One neighbor even had my car towed for block in a driveway when I was on the other side of the street and nowhere near the driveway.

So long story brought to a simple question. Can she legally do this?

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