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After eviction in New York how long do I have to move my things out?

You should’ve avoided eviction process because it is not good for you at all. Your name will be in eviction database and bad credit as well for probably 7 years. No landlords would like to lease their property to you. Anyhow here’s excerpts from Nolo website regarding your question. (Please note I’m not an attorney and this is just based on what I read):-Eviction for Nonpayment of RentBefore a landlord can evict a tenant for failing to pay rent, the landlord must give the tenant a three-day notice, or demand for rent. The notice must state that the tenant has three days to pay rent or move out of the rental unit. If the tenant does not pay the rent or move out of the rental unit within the three days, the landlord can begin eviction proceedings against the tenant (see N.Y. Real Prop. Acts § 711(2)).Eviction for Lease ViolationsIf the tenant violates the lease, the landlord must give the tenant a ten-day notice that allows the tenant to fix the violation. If the tenant fixes the violation within the ten-day period, the landlord must not file the eviction lawsuit. If the tenant does not fix the violation within the ten-day period, the landlord must then give the tenant a notice of termination. The notice of termination must state that the tenant has at least 30 days to move out of the rental unit. If the tenant has not moved out of the rental unit by the end of the 30 days, the landlord can then file an eviction lawsuit with the court. See the New York Courts self-help center for holdover notices for more information about lease violations outside of New York City. For information on lease violations within New York City, see the book New York City Landlords and Owners, page 8, published by the New York City housing court.Examples of lease violations include having a pet when none are allowed or having a washing machine when expressly prohibited by the lease.Eviction ProcessTo begin eviction proceedings, the landlord must file a petition with either the district court or housing court of the county in which the rental property is located. The court will assign a time and date for a hearing before a judge and will notify the tenant. If the tenant wishes to challenge the eviction, the tenant must attend the hearing. At the hearing the judge will listen to both the landlord and the tenant and will make a final decision regarding the eviction.The tenant may find that challenging the eviction is not always the best option. The tenant might have to pay the landlord’s court and attorney’s fees if unsuccessful in court. The tenant could also receive a negative credit rating and could be turned down for future housing. The best option for the tenant might be to try to talk to the landlord and negotiate a deal outside the court system. Many communities have free or low-cost mediation services that handle landlord-tenant disputes; local resources are available through the website mediate.com and the American Arbitration Association. The mediation faqs on the Nolo site provide more information on the subject.

How should I prepare for an eviction (unlawful detainer) trial as the defendant when representing myself?

In California, heat is required for an apartment to be considered habitable. See: Landlords' and Tenants' Responsibilities for Habitability and Repairs, Legal Guide LT-8. That seems a little silly in a place like San Francisco. My own heat hasn't worked for several years, and the owner — that's me — hasn't fixed it, didn't need to. But that's the law.If the heat is not working, you are generally required to give your landlord notice and an opportunity to repair it first, before taking the next step.There are three classes of self-help remedies available for uninhabitable residential rentals. This all assumes you didn't cause the problem, either through neglect or damage.Repair and deduct. If the landlord hasn't fixed the problem, you can hire somebody and withhold the cost if reasonable from the rent, up to 1 month's rent. Most small landlords are okay with you doing it this way to begin with, if you just ask permission. Larger owners usually have a building maintenance person or a preferred contractor.Abandonment. You can leave after giving notice. But only if it's a truly serious issue that affects your health or safety.Withholding rent. Like abandonment it has to be based on a real threat to health or safety. That's the one you've tried, and you've seen the landlord's typical response. A judge would decide whether it was justified.It might be hard to justify withholding $1,500 per month if you could have just bought two space heaters for $100, but perhaps you can argue that space heaters are unapproved or unsafe, or would not meet housing code. A halfway fix that does not meet housing code is not a real fix. There can sometimes be local rules that govern how much you can withhold. In Berkeley, for example, you can withhold at least 10% of your rent for lack of heat, retroactive to when the problem started. The local housing office or perhaps a judge would decide how much more, if any, you can withhold.You can (almost) always avoid eviction if you pay back rent. I'm not a tenants lawyer but I would think that the technique is probably to file a counterclaim with respect to the lack of heat, come to court if the landlord won't accept the back rent or fix the heat, and offer to pay as much rent up to the full arrearages if the judge will determine the correct amount. That leaves the landlord without any valid reason to complain or refuse.These are just summaries, not intended to state the law. You or a lawyer should make sure you understand in more detail, before risking it on an eviction lawsuit.

How much notice does a landlord have to give a tenant to move out in Texas, United States?

Notice for Termination With CauseIn Texas, a landlord can terminate a tenancy early if the tenant does not pay rent or violates the lease or rental agreement (for example, by having a dog when none are allowed or continually throwing loud parties). Before filing an eviction lawsuit, the landlord must first give the tenant a three-day notice to vacate. The landlord does not have to give the tenant the option to fix the violation or pay the rent. If the tenant does not move out of the rental unit at the end of the three days, then the landlord can file an eviction lawsuit with the court (see Tex. Prop. Code Ann. § 24.005).Notice for Termination Without CauseThe rules for terminating a lease without cause vary depending on whether the tenancy is month-to-month or a fixed term.Month-to-Month TenancyA tenancy can be month to month if 1) there is no written lease for a different term, or 2) the written lease has expired under its own terms without a provision for automatic renewal, or if the written lease has no renewal provision at all, or 3) there was no written lease for a term in the first place.If a landlord wishes to end a tenancy with a tenant who is month-to-month, then the landlord must give the tenant a 30-day written notice to move. This notice must state the date by which the tenancy will end and that the tenant must move out of the rental unit by that time (see Tex. Prop. Code Ann. § 91.001). For more information on ending a month-to-month tenancy in Texas, see Texas Notice Requirements to Terminate a Month-to-Month Tenancy.Fixed-Term TenancyA landlord cannot end a tenancy early without cause if the tenancy is longer than month-to-month, or for a fixed term. The landlord must wait until the term ends before ending the tenancy and expecting the tenant to move. However, the landlord is not required to give the tenant notice at the end of the term, unless the lease or rental agreement specifically requires it.For example, if the tenant has a year-long lease that expires in December and the tenant has not requested to renew the lease, the landlord does not need to give the tenant notice to move out of the rental unit by the end of December unless the terms of the lease require such notice. When December comes around, the landlord can expect the tenant to move out of the rental unit by the end of the month.If the tenant does not move out of the rental unit at the end of the term, then the tenant is considered a hold-over tenant, meaning the tenant is holding over in the rental unit after the tenancy has expired. If this happens, the landlord need only give the tenant a three-day notice to vacate. If the tenant does not move out by the end of the three-day period, then the landlord can file an eviction lawsuit with the court (see Tex. Prop. Code Ann. § 24.005).The above was largely taken from The Eviction Process in Texas: Rules for Landlords and Property Managers Nolo Press is a small, but growing press based in California that publishes small paper-bound books focused on self-help. I have no relationship with Nolo, but the works I have had occasion to review have been great for laypeople and beginning lawyers. But good as Nolo is, they are no substitute for having an attorney to represent you in such an important matter. If you don’t know a local lawyer who practices in the area of landlord-tenant law, call the State Bar of Texas and ask for contact information on a lawyer near you.

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