Ginsbergs
Evicting me doesn't work when you have two tennants in the same house. Why not evict Darren to satisfy your own needs because your plans didn't work out in retrospect? Because you can't, it wouldn't make any sense. Nothing was promised to you when you were married from your mother.
The fact that your two attempts to move on (Hope darren moves out, you moving to scottland) your own have failed due to your choices is not justification to now force change upon me. That's hipocracy.
You wouldn't do that to him, not only because of the situation he's in, but also it's morally wrong to inflict that change upon him or I due to your own personal needs and lack of planning and your own personal greed to continue a relationship in which you have to fight to maintain.
Your wife doesn't work, can't vote, can't drive and isn't even considered a legal citizen yet. I'll be dammed if I'm going to let her dark whispers in your pussywhipped ear effect my life. I don't have respect for her after I know she does that, and I will fight that kind of change forced upon me.
The only backbone to your arguement is that your mommy owns this place. You wouldn't have a leg to stand on to push me out or force change upon me. And at 40 here I find you using the excuse "We'll it's my mommy's place, so you have to go", when I don't hear anything coming from her mouth. That again is weak.
This situation with you and I was here 9 years before you decided to get married. You made the choice to get married and to fight for a forign relationship. You got married with no future plans of your living arrangements and to quietly plot against me and wait for me to bring up a topic of shared household responsiblies to lay this upon me is a transparent trap. Logic dictates that others should not be effected by your own personal needs in life. That is the shallow self centered personality that makes me want to fight against your il-logic.
It is your fault for her unhappiness. Not mine. I've been a pre-existing condition to this whole scenario, your poor planning does not consitute an emergency on my part. I work hard to set my life up and live it how I see fit. My attitude hasn't changed in the last 5+ years. Where as you've slowly become more and more of a recluse.
Eviction practices:
If you have a month-to-month tenancy, you pay rent once a month and your rental agreement continues until either you or your landlord ends it. To end a month-to-month tenancy, you or your landlord must give each other written notice. This notice can be given at any time, but it must allow for at least 30 days before the actual date of termination
A landlord in a month-to-month tenancy may also give you a 30-day eviction notice for cause. The cause for the notice must be either for not living up to your rental agreement or not complying with your duties set forth in the law. The notice must tell you the reason for eviction and must say that the rental agreement will end at least 30 days after you get the notice. If you can fix the problem by making repairs, paying damages, or otherwise, your landlord's notice must also say that you can avoid eviction by fixing the problem within 14 days. The time period to fix the problem in a manufactured dwelling facility is the full 30 days. If you do not fix the problem within the 14 days, or 30 days if you are a homeowner renting space in a facility, your landlord may file a court eviction case after the 30-day notice period has gone by. If you do deal with the problem and your landlord is satisfied, your rental agreement will not end. However, if the same problem happens again within six months of the first notice, your landlord can end the rental agreement with a 10-day written notice that clearly states the problem and date of termination. In a facility, the second notice must provide 20 days for the tenant to move out.
In most kinds of housing, a landlord of a month-to-month tenancy may also attempt to evict you with a 72-hour notice for not paying your rent. This may happen if you have not paid rent within 7 days of its due date. If you receive this type of notice, it must state that your landlord intends to end your rental agreement if you do not pay the rent within 72 hours. If you do not pay the rent within the 72 hours, your landlord may immediately file a court eviction proceeding. In calculating the 7-day period, the day the rent is due counts. For example, if your rent is due on the first of the month, your landlord may give you a 72-hour notice on the eighth of the month. Your landlord may not evict you in 72 hours for non-payment of rent when the only money you owe is a late charge. In the alternative, your landlord can give you notice after four days that would give you 144 hours to pay the rent.
In a month-to-month rental agreement, your landlord can also issue a 24-hour written notice to end your tenancy under very limited circumstances. The law specifies the reasons. You may receive a 24-hour eviction notice if you have intentionally injured someone other than a member of the your household, intentionally damaged the property, or committed an act that is 'outrageous in the extreme.' An act outrageous in the extreme is not specifically defined by law, but does include prostitution or promotion of prostitution, violence, manufacture or delivery of drugs, intimidation, and burglary. A landlord may not use a 24-hour notice or otherwise attempt to evict someone for being the victim of a crime such as domestic violence, stalking, or sexual assault, however. The landlord may give a 24-hour notice to any person living in a house where the tenant had a written rental agreement that prohibits sub-leasing. This is enforceable if the landlord has not taken rent from the person who is not covered by the rental agreement. A tenant who lied about criminal convictions on a rental application may, under limited conditions, get a 24-hour notice.
It is important to know that your landlord cannot evict you in retaliation for your having asked to have repairs done, or for asserting other legal rights under the rental agreement or the landlord-tenant laws.
In order to evict a month-to-month tenant, you are required to send a thirty-day notice to terminate the tenancy pursuant to Rhode Island law. After the thirty-day period has expired, then the landlord is allowed to file a complaint for eviction. This type of eviction is a lengthy process because you must not only wait the thirty days, but the tenant has a minimum of twenty days to answer and after that it takes a minimum of ten days before you can get a court date. After that court date, it takes a minimum of 5 days up to a month or longer to get the tenant out (depending on whether or not there is an appeal).
Just because a landlord starts an eviction action doesn't mean that the landlord will win! Tenants have certain rights, and there are several defenses to an eviction action.
CAN MY LANDLORD EVICT ME WITHOUT GOING TO COURT?
NO! The landlord must go to court, must win the case, and must get a court order called the "Warrant of Eviction". This is true even if you owe rent or your lease is ended.
It is a criminal violation for a landlord to illegally evict you by:
* Changing the locks,
* Padlocking the doors,
* Taking out your furniture or property,
* Removing the door,
* Turning off the electricity or water,
* Doing anything else that keeps you out of your house or apartment (Real Property Law Section 235).
If your landlord tries any of these things, call the city or village police, or if you live in a rural area, call your county sheriff or the State Police. Tell them that the landlord does not have an Eviction Warrant, but has tried to throw you out anyway.
If you are told, "Sorry, that's a civil matter," Don't Give Up! Ask for the officer's name and badge number. Then ask to speak to the officer's supervisor. Illegal eviction is a criminal violation under Real Property Law Section 235. If the police won't tell the landlord s/he is violating the law, call a lawyer at once. If the landlord won't let you back in, it is possible to get (1) a court order telling the landlord what he must do, and (2) triple damages for any losses or costs caused by the illegal action.
WHEN CAN I BE EVICTED?
Written Lease: If you have a written lease, you can only be evicted if:
* The lease is up, or
* You owe rent, or
* You have seriously violated the terms of your lease.
Your landlord must prove in court that any of these are true.
Month-to-Month Tenant: If you don't have a written lease, and pay rent on a month-to-month basis, you can be evicted only if:
*You owe rent, or
*You were given a month’s notice to move out. (For more information, see our leaflet "Proper Notice")
Again, the landlord must prove in court that any of these are true. Sometime a landlord will say, "I just want the tenant out." That is not a legal reason to evict. The landlord must prove one of the reasons listed above.
8. Even though you did not have a lease in your name, you now have a right to a lease
in your name because you are a family member of, or had a close family-like
relationship with, the prior tenant and lived with that tenant before he or she left the
apartment. These are known as succession rights. (I lived with my brother Eric before we moved chip in)
Tenants who do not have leases and pay rent on a monthly basis are called "month-to-month" tenants. In localities without rent regulations, tenants who stay past the end of a lease are treated as month-to-month tenants if the landlord accepts their rent. (Real Property Law § 232-c)
A month-to-month tenancy outside New York City may be terminated by either party by giving at least one month's notice before the expiration of the term. For example, if the rent is due on the first of each month, the landlord must inform the tenant by September 30th before the October rent is due that he wants the tenant to move out by November 1st. The termination notice need not specify why the landlord seeks possession of the apartment. Such notice does not automatically allow the landlord to evict the tenant. A landlord may raise the rent of a month-to-month tenant with the consent of the tenant. If the tenant does not consent, however, the landlord can terminate the tenancy by giving appropriate notice. (Real Property Law § 232-b)
CIVIL COURT: SUMMARY JUDGMENT IS GRANTED TO LANDLORD; TENANT'S SISTER
CLAIMED SUCCESSION RIGHTS
Landlord sought entry of a final judgment of possession on the ground that
respondent undertenant was not entitled to succession of the
rent-stabilized premises. At issue was whether respondent presented
sufficient credible testimony and/or documentary proof that she was
entitled to succeed to her sister's apartment. The sister had moved
upstate. Respondent said she had lived in the apartment for four years,
three of which were with her sister. No documentary proof, such as income
tax returns, driver's license or credit card, was presented. The court
found that for much of the time respondent had lived in the same building,
but across the hall with another sister. It granted summary judgment to
landlord, as respondent did not live in the subject premises with the
tenant-of-record sister for the requisite minimum of two years before the
sister's departure. Noonan Towers Co. v. Osorio, Bronx, Civil Court, Part
B, Judge Fiorella. Feb. 9, 2000