Foreclosure and eviction

UPDATED: Oct 1, 2022

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Foreclosure and eviction

Is there any way to get more time to leave if given a ten day notice of eviction if one has children?

Asked on May 22, 2019 under Real Estate Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You need to repost your question with more facts, such as why you were given a 10-day notice: it is possible that the landlord does not have grounds to remove you and therefore that you can stay.
We will note that even if the landlord does have valid grounds to evict, that if you do not leave when the notice period is up, he has to bring a legal action--a "summary proceeding"--to evict you; he cannot simply change the locks, etc. on you by himself, without taking you to court, and if he does, you can go to court to get a court order letting you back in.
If he does bring the required legal action, it will typically take 2 - 3 weeks more for a court date, effectively giving at least that much time.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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