BelizeBreeze said:
Read the second sentence of the post then you might want to amend your answer.
I'm feeling very lost right about now. The second snetence os "he is having problems with his LL" which is pretty much a given but I think you were reffering to the 1 month behind and no lease sentence.
from a New York website:
http://www.consumer.state.ny.us/clahm/clahm-landlords.htm#Eviction
it looks like the LL would have to file a order to show cause, followed by a 3 day notice (if in favor of the LL). I saw where neither has been processed. Additionally if the LL illegally evicts, the "forcible entry" section would seem to apply.
Your going to have to help me out on this one. I do not wish to lead the OP astray.
Eviction
In General
A tenant who fails to pay rent or otherwise violates the lease may be evicted, but only after the landlord obtains a court order. The process of eviction begins with service on the tenant of a Petition and Notice of Petition (or order to show cause). Failure to respond to the Petition or appear in court will result in automatic eviction.
The Petition
Service of the Petition and Notice of Petition must be made either personally on the tenant or delivered to a person of competent age and discretion who resides with the tenant. If neither of these options is available to the landlord, the Petition and Notice of Petition may be attached to the door of the apartment. However, if the Petition and Notice of Petition are not served directly on the tenant, those documents must also be mailed both by first class and by registered or certified mail to the defendant.
The Answer
The Petition may request that the tenant answer the allegations of the Petition in writing. If not, the tenant may answer personally in court on the date specified in the Petition.
Defenses
There are several possible defenses that a tenant may raise to specific allegations by the landlord that will avail the tenant of protection from eviction or payment of damages.
Holdover Tenants
Once the lease period has expired, if the tenant fails or refuses to vacate the premises, the landlord may bring an action for eviction. If the tenant is a "month-to-month" tenant, the landlord must give one calendar months written notice to the tenant, or a Notice to Vacate. The Notice to Vacate informs the tenant of the date of termination of the tenancy. It also informs the tenant that if (s)he fails to vacate on that date, the landlord may begin eviction proceedings. The tenant may defend against this eviction proceeding by showing that the landlord accepted rent after the termination date of the lease. In this situation, the "month-to-month" tenancy is reestablished, and the landlord may not evict the tenant.
The Warrant of Eviction
If the tenant does not respond to the Petition, or the court finds in favor of the landlord, the tenant will be served with a warrant signed by the judge, giving the tenant 3 days to vacate the premises. If the tenant fails or refuses to vacate the premises, the sheriff may remove the tenants property and lock him or her out of the apartment.
Forcible Entry
If the tenant is unlawfully evicted or kept out of the apartment "by force," the tenant may sue the landlord for treble damages.
