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Old 04-18-2011, 01:59 PM
 
982 posts, read 3,836,513 times
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Jcoltrane is wrong about stipulations.
Quote:
The point is to save time and to guarantee the tenat will vacate by X date. The reality is that its up to the judge whether he adheres and enforces his own stipulation. Its not unusual for a judge to give a tenant more time and enter a new stipulation.
This is crazy talk! A stipulation is an agreement between the opposing parties. The judge has nothing to do with it other then rubber stamping the agreement.

Quote:
simply go before the same judge and convince him the stipulation has been violated. Bing! Tenant evicted.
Like I said before the stipulation will include a warrant for eviction, stayed. There is absolutely no reason to convince a judge of anything. A stipulation is an agreement signed by all parties and blessed by the City, that will result in a conclusion agreed upon by said parties. The city marshal will so up at 90 days and give legal possession to the landlord . It might be a vacant apartment by then if the tenant has fulfilled his obligation. If he is there then he will be forcibly removed.
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Old 04-18-2011, 02:02 PM
 
Location: NY,NY
2,899 posts, read 8,289,823 times
Reputation: 2021
Quote:
Originally Posted by ny789987 View Post
"Ideally, a judgement of eviction will be entered along with the stipulated agreement."

That's just great. And now this guy will have a judgement of eviction ordered against him and anytime a future landlord runs a court record background check this red flag will pop up. I say give this landlord hell. Argue improper notice, ask for more time, argue that the landlord agreed to a 90 day oral lease, (oral leases under 1 year in duration are totally acceptable). Don't let this dirtbag walk all over you and certainly don't let him get away with allowing an order of eviction to be lodged against you.
Knock, knock, anybody home?

Why are down on the LL? He purchased the home. He has a right to use it as he pleases. He also has a right to protect his interest.

Hey, the tenant doesn't have to agree; but ahhh you want an extra 90 days? Why should the LL give more than what is required by law, 30 days?

Anyway, back in the when I was doing L&T NYC LLs didn't do background checks like today. Computers weren't so pervasive.

Maybe MODSQUAD can advise how that issue is handled today.

The real issue with the whole situation is that the buyer bought the property with the tenant installed. His lawyer may haved served him poorly. We would have never allowed our client sign a contract, let alone close w/o the tenant situation dealt with.

The tenant is the seller's responsibility. The cost and hassle apparently is being born by the buyer. We would have insisted the tenant be removed prior to closing, and imposed penalty if the tenant was not; or, at the least some compensation. Note an atty with little real estate experience and/or no L&T knowledge might easily let this go. An example of the need for choosing a professional with the proper knowledge and experience.

The OP is in a spot, but its the risk you take living in someone's property. A lease protects to a degree, but not absolutely, and most leases are in the interest of the LL. Personally, in a 2 family house I wouldn't give a lease.
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Old 04-18-2011, 02:12 PM
 
Location: NY,NY
2,899 posts, read 8,289,823 times
Reputation: 2021
Quote:
Originally Posted by modsquad81 View Post
Jcoltrane is wrong about stipulations.
This is crazy talk! A stipulation is an agreement between the opposing parties. The judge has nothing to do with it other then rubber stamping the agreement.

Like I said before the stipulation will include a warrant for eviction, stayed. There is absolutely no reason to convince a judge of anything. A stipulation is an agreement signed by all parties and blessed by the City, that will result in a conclusion agreed upon by said parties. The city marshal will so up at 90 days and give legal possession to the landlord . It might be a vacant apartment by then if the tenant has fulfilled his obligation. If he is there then he will be forcibly removed.
I've got only three words for you:

Order to Show Cause.

Hmmmm, let's see an Agreement has two or more parties. Each party has obligations agreed to. Each party must complete their respective obligations in order to complete/fulfil the Agreement.

The LL or the Tenant can claim the Stipulation was violated. Ahhhh, how is this resolved?

Before a Judge! Gotta go battery low...
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Old 04-18-2011, 02:23 PM
 
1,232 posts, read 1,356,313 times
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"Knock, knock, anybody home?
But ahhh you want an extra 90 days? Why should the LL give more than what is required by law, 30 days?"

Because tenant is alleging that he entered into an oral contract with the owner for an additional 90 days. If this is true, tenant is no longer a month-to-month tenant and the thirty day rule doesn't apply. Sorry owner, you can't agree to a 90 day short term lease and then suddenly change your mind, you entered into a binding contract.

And yes, we are now in the modern, internet era. Large apartment complexes frequently now troll housing court records and if you ever have had an order of eviction lodged against you, you might not get the rental. So, I definitely think that this tenant should stand up for himself and protect his rights, if what he alleges is true. DO NOT agree to stipulate to an order of eviction. DO NOT stipulate to anything until you speak with a qualified lawyer. Explain this to the judge and request a continuance until you can speak with one.

Last edited by ny789987; 04-18-2011 at 02:37 PM..
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Old 04-18-2011, 02:37 PM
 
982 posts, read 3,836,513 times
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http://www.nytimes.com/2006/09/24/re...24qa.html?_r=1
This is an article on hardships and allows a housing judge to give up to 6 months at current rent in order for a month to month to find a new apartment. This could be used as a threat/bargaining chip in order to extract some more time from the new LL. Settle for 3 months and a written non Court agreement to leave without going to court where he brings his kids to sit in the front row and risks 6 months.
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Old 04-18-2011, 03:17 PM
 
64,292 posts, read 65,871,680 times
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If anything down to a light fixture was changed without permission it is a modification to the apartment and could be in breech of your lease. it has been done by un-ethical landlords to evict rent stabilized tenants.

Last edited by mathjak107; 04-18-2011 at 03:31 PM..
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Old 04-18-2011, 03:59 PM
 
982 posts, read 3,836,513 times
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Quote:
Originally Posted by mathjak107 View Post
If anything down to a light fixture was changed without permission it is a modification to the apartment and could be in breech of your lease. it has been done by un-ethical landlords to evict rent stabilized tenants.
Wow this is helpful.

If all are in agreement I'd be happy to switch to a discussion of the difference between a warrant for eviction vs. a notice to cure and why matjak can't site or link to a single case in New York City history that led to an eviction due to a light fixture that was swapped out.
Oh, before we leave the current discussion: OP, you were concerned about the legality of the papers being served. At the very least you can go into court tomorrow morning and ask for a Traverse proceeding.(a proceeding where the process server would have to testify how the notice was served). This would delay further the inevitable eviction and help negotiate the date with the LL.

Last edited by modsquad81; 04-18-2011 at 04:39 PM..
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Old 04-19-2011, 03:32 AM
 
64,292 posts, read 65,871,680 times
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next time i have access to lexisnexis ill see what i can find.

googling most of the housing court cases will produce nothing.

Last edited by mathjak107; 04-19-2011 at 03:52 AM..
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Old 04-19-2011, 12:25 PM
 
64,292 posts, read 65,871,680 times
Reputation: 42759
Quote:
Originally Posted by modsquad81 View Post
Wow this is helpful.

If all are in agreement I'd be happy to switch to a discussion of the difference between a warrant for eviction vs. a notice to cure and why matjak can't site or link to a single case in New York City history that led to an eviction due to a light fixture that was swapped out.
Oh, before we leave the current discussion: OP, you were concerned about the legality of the papers being served. At the very least you can go into court tomorrow morning and ask for a Traverse proceeding.(a proceeding where the process server would have to testify how the notice was served). This would delay further the inevitable eviction and help negotiate the date with the LL.
Until i can access lexisnexis to find some cases you can read this.

it extends to all property in the apartment....

Tenant Replacement of Appliances & Fixtures Under a New York Lease
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Old 04-19-2011, 07:51 PM
 
982 posts, read 3,836,513 times
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Quote:
Originally Posted by mathjak107 View Post
Until i can access lexisnexis to find some cases you can read this.

it extends to all property in the apartment....

Tenant Replacement of Appliances & Fixtures Under a New York Lease
What you are talking about is nothing more then "urban legend". Even the link you provide has no evidence of an eviction and is nothing more then a scare tactic to drum up business.
Quote:
The only way they were able to retain their tenancies was by reinstalling the original fixtures.
Like I said, a notice to cure was obviously issued and not a warrant for eviction, the tenant complied and no eviction took place. Believe me if this lawyer had an actual case to site for scaring the B'Jesus out of naive tenants he would of linked to it.
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