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    sassy67's Avatar
    sassy67 Posts: 1, Reputation: 1
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    #1

    Jun 20, 2013, 10:11 AM
    Evicted due to drug raid 3 day notice
    My daughter's house was raided and the landlord gave them a three day eviction notice. What are the laws in New York State regarding this?
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Jun 20, 2013, 10:24 AM
    I suppose the police raid actually did turn up illegal drugs and other illegal activity?

    It actually does matter... because if there is an actual clear and present danger to the property (as proven by the police action) and/or other tennants is far different than just being accused of it..,.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #3

    Jun 20, 2013, 11:06 AM
    Was she on the lease, and was she charged with a crime?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    Jun 20, 2013, 11:12 AM
    The laws are not what necessarily matters here. Its what the lease states. If the lease states that it is a breach to perform illegal acts on the premises, then they are in breach of the lease. What they received was not an eviction notice but a vacate notice.

    If the raid was a mistake and nothing was found, then they can ignore the 3-day notice and opt to go to court and fight the eviction. The landlord will need to file for an eviction order which would involve a hearing. At the hearing they would need to bring proof that the raid found nothing and no arrest occurred.
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