Getting evicted | Imamother

amother

Dustypink

Sun, Sep 04 2022, 5:31 pm

amother Amethyst wrote:

"There are some problems with the landlord's petition"
In other words, it wasn't worded properly. Or served properly.
It's a legal technicality. Which OP is taking advantage of.

I feel bad for OP. BUT - HONESTLY - would any of you screaming that "yidden are rachmanim" and "poor OP" and "the landlord is a rasha" and "no rav would back this" take OP in as a tenant?
I wouldn't. Nor would I blame anyone else who wouldn't.

There are people who have hachnasas orchim apartments. They are people who have enough money, don't need the rent, and are looking to do chessed. OP can try to contact one of them.

Staying in a home where she isn't paying rent, and "back pay" = I didn't pay - even if she intends to one day if a miracle would grant her the money - is stealing. And wrong. Period.

That doesn't make her situation less pitiful. But it is still 100% wrong.

amother

Foxglove

Sun, Sep 04 2022, 6:24 pm

tweety1 wrote:

That is absolutely right. We did that. Just so happens to be that dh knew the landlords son in law. He told dh that his in laws are trying to get the potential tenants out for 2 years already. It was a basement apartment and they wanted it for their couples. We of course did not give them the apartment.

So the landlord wants the tenants to leave but then speaks loshon hora on the tenants and badmouths the tenants to the point where the tenants are unable to find another place to live? Why is it the tenants fault that the landlord is badmouthing them? Is it even legal or halacha to badmouth a tenant (I am almost sure that you cant reject a tenant if they were evicted in NY and for work references you cant say anything negative so the tenant may be able to sue for defamation)? I hope the landlord asked a rav before speaking loshon on the tenants to potential landlords (who may also have to ask their rav if they can listen to loshon hora about potential tenants).

amother

Stoneblue

Sun, Sep 04 2022, 6:29 pm

I am, and always have been, a tenant and I think OP is wrong. The same wait it wouldn't be ok for her to steal from a store just because she is struggling.

All the ladies saying that the landlords should do chessed, why don't YOU do some chessed? Ask the OP for an anonymous email and you can work out a way to send her the money for rent. Easy for all of you to say that the the landlord should do chessed when you're not willing to.

amother

Stoneblue

Sun, Sep 04 2022, 6:36 pm

amother Foxglove wrote:

Gosh way to twist a situation. This is such a backwards post.

So now it's the "tenant's fault that the landlord is badmouthing them?!" No, it's the tenant's fault that they didn't pay rent! I mean, if someone steals something from a store, and then the store owner warns other store owners in the neighborhood, the store owners are not badmouthing the robber. They are simply protecting themselves and others.

And the landlord is not "badmouthing" the tenants and going around talking about how bad the tenant is to everyone and anyone. However, if they get a call from a new potential landlord, they are going to be honest about the tenants ability to pay. That is the reason for references, and why landlords check out potential tenants.

amother

Foxglove

Sun, Sep 04 2022, 6:40 pm

amother Stoneblue wrote:

I dont believe the landlord is required to do any chessed but he is running a business and sometimes businesses fail. People dont pay their bills and file for bankruptcy. In this case, the landlord did get erap (which could have been up to 15 months worth of rent and 12 months of utility depending on what op qualified for) so its not exactly like he hasnt been paid for years and years. And he still has to prove that he really wants it for family (the only way he can evict since he took erap) and isnt just kicking op out because he can make more money renting it out to new people (since rents are skyrocketing and many landlords are taking advantage of it). And he made mistakes with the notice which is grounds for dismissal of the eviction so he would have to start again. But this is part of business and every business has its ups and downs and the homeowner should have a backup plan in case of emergency (and especially in NY where its very difficult to evict tenants).
There seem to be many homeowners here who are taking this personally as if its effecting them but its not and they shouldnt be projecting their feelings onto op. I am sure op will pay back what she owns when she gets back on her feet but in the meanwhile, its before Rosh Hashana and Yom Kipper so we shouldnt be attacking each other or op now (especially since she herself is struggling). As someone else mentioned, maybe we should come up with a way to help op (which would also help the landlord). If anyone has any ideas, please share them with us so we can try to be helpful instead of just bickering with each other. TIA

amother

Holly

Sun, Sep 04 2022, 6:49 pm

I believe this story is more complicated than it seems because we once had a similar thread here which gave me insight into mental illness and how that affects normal daily things like paying rent, moving apartments, etc
The fact is that you can be technically right about it all but each of us are put down here to pass a test and let's try to pass this one with flying colors. There must be a way to help both the landlord and the tenant in a way of sholom and ahavas yisroel. That each one gets what they need without fighting and shaming one another.

amother

Orange

Mon, Sep 05 2022, 5:29 am

amother Stoneblue wrote:

Maybe we should. Is it allowed according to this site rules ?

amother

cornflower

Mon, Sep 05 2022, 9:34 am

amother Holly wrote:

I do remember a very sad thread where the woman was asking whether she should sit by the door with a gun.

I don't know how that one ended

I do think there are no villains in this because OP is in a objectively terrible situation and I don't know enough about the landlord and what he did or didn't do but theoretically landlords are entitled to their rent.

The real issue is the lack of affordable housing for people and the small amount of help available for those for whom rent is unaffordable through bad luck. It is such a huge problem - so many homeless on the streets of the city or living in their cars or broken down trucks.

gamanit

Mon, Sep 05 2022, 12:39 pm

amother Amethyst wrote:

Since the LL isn't on here to give their side we have no idea if their claim of wanting to give it to family is true. But the fact is they made the decision to accept erap and then decided to evict the tenant within the year. The court found issue with LL's petition so clearly everything isn't on the up and up.

Yes, if the landlord accepted ERAP, they can't evict for any reason other than non-pay for 12 months after receiving payment. It's possible they don't want to do a non-pay case because the amount the tenant owes is actually not that much and they're afraid she'll pay it before or on the court date. They lost patience with the rent being late, but a non-pay case wouldn't work. So they tried claiming that they need it for a family member but that claim doesn't stand if they accepted ERAP. Is that correct OP?

Note that while it's very hard to evict in NY, the rental rate is high to match. It's not like the landlord gets $500 a month. The market reflects reality. Like my sister says, all rents include "bad tenant insurance"

tweety1

Mon, Sep 05 2022, 6:12 pm

gamanit wrote:

My lawyer told us that if we accepted ERAP the claim still stands but it will shlep one or two extra court appearances if the reason is that the landlord needs the apartment. We are currently evicting a non Jewish tenant from a tiny apartment because we need the space bh for our teenagers. We have our proof if needed. The amount of kids plus amount of bedrooms. So my guess is that it all depends.

gamanit

Mon, Sep 05 2022, 8:53 pm

tweety1 wrote:

It's possible there's an exception of the case was started prior to accepting erap but the agreement for the payment specifically states that.

amother

Orange

Tue, Sep 06 2022, 2:54 am

amother cornflower wrote:

Literally with a gun ?