i'll try to actually help this time...
Do you have a lease?
Do you want to stay in this apartment?
Has he given you written notice to vacate?
If you have a lease, your landlord has to give you 90 days and it has to be in writing. The 90 days don't start until you receive written notice.
EVICTION
Following appropriate notice, a landlord may bring a summary non-payment court proceeding to evict a tenant who fails to pay the agreed rent when due and to recover outstanding rent. A landlord may also bring a summary holdover eviction proceeding if, for example, a tenant significantly violates a substantial obligation under the lease, such as using the premises for illegal purposes, committing or permitting a nuisance, or staying beyond the lease term without permission. (Real Property Actions Proceedings Law ("RPAPL") U 711)
To evict a tenant, a landlord must sue in court and win the case. Only a sheriff, marshal or constable can carry out a court ordered warrant to evict a tenant. (RPAPL U749) A landlord may not take the law into his/her own hands and evict a tenant by use of force or unlawful means. For example, a landlord cannot use threats of violence, remove a tenant's possessions, lock the tenant out of the apartment, or willfully discontinue essential services such as water or heat. (Real Property Law U235) When a tenant is evicted, the landlord may not retain the tenant's personal belongings or furniture.
A tenant who is put out of his/her apartment in a forcible or unlawful manner is entitled to recover triple damages in a legal action against the wrongdoer. Landlords in New York City who use illegal methods to force a tenant to move are also subject to both criminal and civil penalties. Further, the tenant is entitled to be restored to occupancy. (RPAPL U713, U853)
It is wise to consult an attorney to protect your legal rights if your landlord seeks possession of your apartment. Never ignore legal papers.
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