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Old Today, 03:04 PM
 
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Interesting article


https://www.hmgdjlaw.com/blog/2019/0...+Boosted+Posts
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Old Today, 03:14 PM
 
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Blog post from a law firm to drum up business isn't exactly "interesting". The thing says nothing that many either didn't know already and or could have easily found out on their own.


More of interest would be actual disposition of holdover cases involving non-primary residence. That can be found in court records, but here is a start: https://www.landlordvtenant.com/cate...mary-residence


Holdover cases in L&T courts are rarely cut and dry; and it is never wise to second guess a judge or jury. That being said you can see from above there is quite a range in decisions with neither side able to claim a win 100%.


Indeed now that city is giving away free legal L&T court counsel am willing to bet landlords are winning less of non-primary residence cases.
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Old Today, 03:16 PM
 
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I thought it would be of interest ... don’t forget we can all look up anything today on our own including all those posts you put up. But most of the time having it spelled out in front of you is easier
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Old Today, 03:23 PM
 
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Well suppose that is correct in theory, but blog postings aren't articles per se; and the one cited is really nothing more than a call to action for someone who needs an attorney.


If we are to go down that rabbit hole something like this is of far more information and use IMHO: TenantNet Forum • View topic - A Primer on Non-Primary Residence Cases


Telling me that if served with Gloub notice or whatever am going to spend "hundreds of hours" gathering required paperwork to prove innocence really says nothing. Does anyone think they will be able to walk into court unprepared and simply say "no I'm not", and that will be end of things?
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Old Today, 04:01 PM
 
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Quote:
Originally Posted by mathjak107 View Post
Link won't work for me. Could you provide title, author, source, so we can look it up? Or an excerpt?
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Old Today, 04:28 PM
 
69,389 posts, read 69,968,003 times
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Quote:
Originally Posted by Cida View Post
Link won't work for me. Could you provide title, author, source, so we can look it up? Or an excerpt?
On behalf of Himmelstein, McConnell, Gribben, Donoghue & Joseph LLP
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Old Today, 08:43 PM
 
926 posts, read 429,141 times
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The landlord often doesn't go to the trouble of pre-trial discovery. They bring the cases where they think the tenant can't fight back. Having to fight a prolonged legal battle and pay their lawyer to review documents or prep for discovery cuts into their profits too much.

(Of course, there are RS tenants who do abuse the system.)
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Old Today, 08:44 PM
 
926 posts, read 429,141 times
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BTW, the burden is on the landlord to prove nonresidence, not the tenant primary residence.
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