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Old 04-20-2011, 12:27 PM
 
71 posts, read 116,414 times
Reputation: 85

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Its nice to fight it and all, but would it really be worth it? Unles the apt is that great, and your fiance would only move by being dragged out kicking and screaming, I say let it go. The time, cost and stress involved with going back and fourth at housing court just isnt worth it. Although your fiance got the eviction notice, maybe the landlord is just getting the process started in case any problems arise. Talk to the landlord and see what the deal is. He may just be protecting himself.




Quote:
Originally Posted by marcyc View Post
Hi,

My fiance recently was told by his landlord that the house he is living in has been sold to another owner. It's a 2-family house, with he living in one part of the house and another family living in the other. The new owner wants all tenants out immediately.

My fiance told the new landlord that he needs some time to find a new place and asked if he could have at least 90 days. The new landlord seemed fine with it - everything was done verbally about 3 weeks ago.

This morning, my fiance received court papers via certified mail to report to Queens Housing Court tomorrow. The landlord wants him and the other tenants evicted. My fiance is up to date on his rent so this is being presented as a holdover case.

Wasn't the landlord supposed to serve the tenants in person prior to mailing the papers via certified mail?

Does my fiance have any rights and a solid case to fight this? He is willing to vacate the house but just needs time to find a new place. Can he evict all the tenants immediately like that?

Thanks in advance!
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Old 04-20-2011, 04:09 PM
 
108 posts, read 133,695 times
Reputation: 24
Yes...this is exactly why he did it. I was a tenant once, what if you don't move. Then he just wasted 90 days.




Quote:
Originally Posted by jcoltrane View Post
Always consult an experienced knowledgeable attorney. If you can't or don't want to pay for representation. You can pay for a consultation, where you can be advised of your rights and options.

Taking advice from people who know little more than yourself is always a mistake.

Anyway, the reality is that your old and particularly your new LL has the right to evict at any point. All he need do is to serve and give proper notice. A tenant in a non multi-unti building such as a two family house can be evicted/based upon a LL's need for "personal use" of the apartment.

The LL can take the apt for his use, or his mother, brother, sister, etc. All that is required is 30 days notice.

Apparently, your LL is taking the position that you have previously been given notice. Whether he can prove that remains to be seen. Your ONLY defense is if you were not given proper notice. If that is the case, all it buys you is roghly another 30 days.

Now, you seem to think the LL is playing you dirty. I don't believe so, based on what you've posted so far. The LL may indeed have intention to allow you 90 days to find a new place. But if he were a client, I would advise that its ok to give you 90 days, but to proceed with the eviction process immediately.

The reason is this, there is no guarantee that you will vacate in 90 days. If you don't then the LL will have to start the eviction proceeding, which means he'll be required to give you ANOTHER 30 days. Obviously, this is not acceptable from the LL's point of view.

So, to cover himself, the proceeding is started immediately, whether proper notice has been given or not. The goal is to get the tenant in front of a judge, and to make a stipulation between the parties that the tenant will vacate by X date. Ideally, a judgement of eviction will be entered along with the stipulated agreement.

In effect the tenant is actually evicted as of the court date, but by agreement, the judge has given the tenant X days to vacate. If the tenant fails to vacate, then no need to start a new proceeding, simply go before the same judge and convince him the stipulation has been violated. Bing! Tenant evicted.

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. Sometimes multiple times, before the judge gets fed up. Some judges are more lenient, some are less lenient.

Some attys are more skilled than others in getting their case before the mos favorable judge. Of course, whether one finds such a skilled atty is up to the client, and a client pays for what he gets.
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Old 04-29-2011, 06:52 PM
 
Location: Bronx, NY
20 posts, read 111,670 times
Reputation: 23
I wanted to post an update since many of you were so helpful with offering advice regarding my fiance's situation.

He lucked out - his brother had a friend who is a lawyer and this friend spent that night going over the paperwork and went with him to Housing Court the next morning. This worked in my fiance's favor.

The judge ruled that the landlord was wrong in selling the house without letting the tenants know and then telling them to move out immediately. He did not stipulate in the lease that he can sell the house without notifying the tenants. And that it was not right for him to think because he purposely did not renew the lease that that gave him the right to sell the house and evict the tenants. The judge also told the landlord that he cannot bring a case into Housing Court without giving the tenants a formal eviction notice. Basically, he "telling" them they needed to move wasn't good enough and he should have put it on paper.

The judge ruled that my fiance has until January 2012 to move out. He also said that even though the lease was not renewed, the landlord is to treat him as a leased tenant and is not allowed to raise the rent for the remainder of my fiance's stay in the apt. The judge also ordered the landlord to make repairs to the apt within 30 days. And my fiance does not have to come back to Housing Court on this case.

So thank you to all for your advice - it is very appreciated.
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Old 04-29-2011, 09:21 PM
 
789 posts, read 1,056,910 times
Reputation: 599
Very interesting thread. The old landlord is smart. The new landlord is dumb and screwed. What is his lawyer doing? Any more new chapters?
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Old 04-30-2011, 09:00 AM
 
982 posts, read 2,399,562 times
Reputation: 436
Quote:
Originally Posted by jcoltrane View Post
Always consult an experienced knowledgeable attorney. If you can't or don't want to pay for representation. You can pay for a consultation, where you can be advised of your rights and options.

Taking advice from people who know little more than yourself is always a mistake.

Anyway, the reality is that your old and particularly your new LL has the right to evict at any point. .
Contrary to what others have said, jcoltrane doesn't know what he's talking about and should of taken his own advice. His slavish adherence to the landlord's defense has never been more apparent.

muhahaha!
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