How to defend yourself in civil court against a tenant? (New York: lease, insurance)
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I currently have a tenant that has broken the lease several times (most issues still remain uncured).
The latest issue is a big liability that I don’t want to ignore. The tenant is running an illegal daycare with no license or insurance. My home ownwers insurance, as you all know doesn’t cover a childcare service. (I called the city to verify and report her – a application and inspection is pending even though the lease states RESIDENTIAL USE ONLY!).
Because of the liability I sent the tenant a letter stating the issues and asked her to stop. I also placed a sign on MY front gate advising all parents dropping off the kids that the properly is residential and not authorized by the City of New York to conduct any childcare services.
The tenant is now suing me in Civil Court (NYC) for harassment (sending letter to her and placing a sign on her door). All lies!!
My question is, because the NYC Landlord and Tenant Court system is geared to ONLY helping the tenant, what is my best way to approach this issue on my calendar date?
I don't think any of us are really qualified to answer your question.
However, I know many of the law schools in NYC have many clinical services available to everyone for legal advice on landlord-tenant relationships for free. I would recommend finding more information on such a program at NYU or Columbia law school and speaking with someone there. (There are many other schools, but NYU and Columbia are nationally renowned law schools and will have the best services.) They may be able to advise you more properly or put you in touch with a tenancy law firm that represents landlords.
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