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    aryancannabell's Avatar
    aryancannabell Posts: 3, Reputation: 1
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    #1

    Aug 4, 2012, 06:45 PM
    Eviction
    My boyfriend and I rent a house from his mother. We have rented from her this time for about a year and a halve. She has sent us an eviction notice. I wanted to know it being a month to month when we go to court can I challenge her on landlord retaliation. She deffinity did this. She came to our house unannounced and that was fine but she told us she was going inside to look at some siding stored their and when I went inside she was snooping through our stuff. My and her got into an argument. She then demanded his friends to leave. My boyfriend left with his friends. She left. She showed up about an hour later, my boyfriend and his friends were back at this time. She unlocked our door with her landlord key without knocking and let herself inside the house she demanded our friends leave, they had done nothing wrong by the way at all. They left. My boyfriend told her to leave she was yelling and we have a one year old in the house. She refused to leave she stood in the middle of living room and my boyfriend kept telling her to leave finally he called the cops and told them the landlord was harassing her. Before the cops even came she told us we had to move. I firmley believe she only did this because we challenged her and told her to leave and when she didn't we called the cops. When the cops got their it was a whole turn of events. She had called the cops before she came back the second time and I'm not joking when I say this she put a mental health arrest on her son saying he said he was going to kill himself with his fathers rifle. She had her mother my bfs grandmother lie to the cops as well. So instead of her getting detained for entering our house my boyfriend was taken to the hospital for a mental evaluation. I just want to know I guess if this situation because we signed no lease accuse her of landlord retaltion to buy some time to move? Thank you for your answers.
    aryancannabell's Avatar
    aryancannabell Posts: 3, Reputation: 1
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    #2

    Aug 4, 2012, 06:47 PM
    I am in Rochester New York I know some laws are different.
    aryancannabell's Avatar
    aryancannabell Posts: 3, Reputation: 1
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    #3

    Aug 4, 2012, 07:21 PM
    Sorry guys did I happen to mention she was also his employer. But yeap you guessed it she also fired him that day also. This is why we will need an extension. I do not have a job I stay with the baby. Very difficult situation.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Aug 4, 2012, 07:43 PM
    Here's the law: N.Y. RPP. LAW § 223-b : NY Code - Section 223-B: Retaliation by landlord against tenant

    I'm not sure I see what you described as falling under the conditions spelled out in the law.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Aug 4, 2012, 08:52 PM
    You can try in court, but I doubt it will give you any extra time.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Aug 5, 2012, 05:36 AM
    Quote Originally Posted by ScottGem View Post
    Here's the law: N.Y. RPP. LAW § 223-b : NY Code - Section 223-B: Retaliation by landlord against tenant

    I'm not sure I see what you described as falling under the conditions spelled out in the law.
    I agree. What OP describes doesn't bring the statute into play.

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