How can I stop an eviction?
A landlord can not evict you without getting a court order allowing them to. There are many things you can do to stop an eviction and the best course of action will depend on where you are in the court process.
If you receive a “Rent Demand” or “Notice to Cure”
If you receive a “Rent Demand” or “Notice to Cure,” the landlord has not started a Housing Court case to evict you yet, but is letting you know they may start such a case if you do not comply with the requests of the notice. To the extent the notices are true, you should try to correct any allegations and keep proof of payments or other attempts you make to correct. You should also monitor your mail as the landlord may start a Housing Court case against you if they do not believe you have remedied the allegations and will mail you a Notice of Petition.
If you receive a notice of petition
If you receive a notice of petition it means a landlord has started a court case against you asking the Housing Court to allow them to evict you. You should call the Housing Court Clerk’s office as soon as you receive such a notice to figure out how to respond to the landlord’s case and when your court date is. Each borough has its own Housing Court You can find which Housing Court you should contact and information on how to do so here.
At your court date, you should ask about Universal Access to Counsel. New York City provides access to counsel for all tenants in Housing Court so you may be eligible for a free attorney to represent you in your Housing Court case.
If you receive a Marshal’s Notice
If you receive a Marshal’s Notice, it means the landlord has already received permission from the Housing Court to evict you and this is the last notice you will receive before a Marshal is able to change the locks. A Marshal’s Notice will have the Marshal’s Stamp on it and state a date after which you can be evicted. If you receive such a notice you should immediately contact the Housing Court to stop the eviction. You can find the contact information for the Court here. You should take the notice you received to the Court and file an “Order to Show Cause,” which is a request to a Housing Court Judge to stop your eviction. You should bring any proof of payments you have, any efforts to get assistance for arrears you may owe, and any other evidence such as a lease or repairs needed the apartment to include with this request. If the Judge signs your Order to Show Cause, the Court will instruct you how to make sure the Marshal and the landlord know that your eviction has been stopped and you must come back to Court.
You can find more information on stopping an eviction here.
Resources:
For free legal help, call Legal Services NYC at 917-661-4500 Monday through Friday from 9:30 a.m. to 4 p.m. Learn more about our intake process here.
* The information does not constitute legal advice. You should always consult an attorney regarding your matter. Legal help subject to capacity and location.
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