Grounds for eviction?

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RedmanInc

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I'm currently in the hospital and have been there for 40 out of the last 50 days. I've had most of my right foot amputated due to Diabetes. I lost my job due to being unable to renw my security license while in the hospitaland amcurrently unemployed collecting disability.
My landlord is aware of my situation. Today he came to my apartment and told my mother (who I support financially) that he wanted his rent money and that he was going to evict us if we don't pay ASAP. He used my security deposit for last month and at the time he asked if we thought we could be out by September because he wanted to move his daughter into the apartment. Can he evict me for not paying rent even though i'm currently hospitalized and disabled? We do not have a lease, we're month to month.
Any info would be appreciated.
 
That depends on your state law. In Illinois they must give you notice of eviction and go through the county sheriff. Look up eviction law in your state, county, and township
 
Yes; nonpayment of rent is the most common reason for evicting someone. Because you owe rent for this month, your landlord can begin the process of evicting both you and your mother, even if you are in the hospital.

Gail
 
I've been reviewing some tenant rights online, does partial payment count so long as the landlord agreed to it? Also there are several violations in the apartment that have gone unchecked. Uncovered outlets, unfinished drywall work, mold developing on the ceiling of the bathroom and no smoke or C02 detectors. I don't want to seem petty but if he claims non payment of rent can I counterclaim that I refuse to pay until he makes these corrections or installations of smoke detectors etc? I know the real reason he wants us out is to move his own family in. We've never missed a rent payment in 5 years prior to this. He's also come into the apartment when no one was home, of course there's no way to prove it, we only know because we found th door unlocked a neighboring tenants (who have all since departed) have all made similar complaints. I just want to cover all of my bases. I appreciate any assistance or recommendations.

Thanks.
 
I would imagine that yes he can start the process to evict you. I know it sound horrible as you are in the hospital, and you would imagine, as would I, that someone would take that into account. Especially after 5 years of renting with no problems. But, with the economic times the way they are, he is probably hurting for money. And, if he is moving his family in, that is probably his main priority.
 
New York has a number of landlord tenant laws. If a tenant has notified a landlord in writing about needed repairs and the landlord has failed to address these within a reasonable time period, the tenant can consider suing the landlord for the cost of these repairs.

However, no where in the MANY New York landlord tenant laws is it stated that a tenant can simply withold rent for unaddressed repairs. Some states do allow this; however, in these states the tenant continues to pay the rent into fund held by the court until the issues can be resolved.

Have you notified your landlord of these needed repairs in writing?

Gail
 
Unfortunately no. Only verbally. He's started several projects in the apartment without ever finishing them and kept telling us things would be completed. I'm already resigned to the fact that I have to move, the whole thing just doesn't feel legal. he hasn't actually taken us to court for an eviction yet, I wouldn't be able to attend anyway. He claimed he wanted us out by the first but with no court action I don't think that can happen. He doesn't seem to know about any Landlord/Tenant laws. When I mention them to him he blows me off. Previous neighbors have just given up and moved out so I'll have to find a way to do the same. I just hope the court can grant me some time.
 
Your landlord cannot evict you without a court order to do so. This won't happen by the first.

If you get the notice regarding a lawsuit, contact the court (typically the Clerk of Court) to see if the hearing can be changed to a time where you will be able to attend. That way you'll be able to explain why you might need some extra time to find and place and move.

Gail
 
I suggest that if you haven't already moved out, that you put the repairs needed in writing. I would then grant him 2weeks to have all repairs fixed. If in that 2week period nothing gets done, see what you can do legally. You shouldn't have to live like that.
 
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