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Old 05-17-2009, 08:03 AM
 
1 posts, read 2,224 times
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Can a landlord dispossesses occupants in a non-rent regulated apartment without naming & serving every occupant?

A friend told me NY law doesn't require a landlord to name any other party in a dispossess proceeding other than the person named on the lease unless the landlord had a relationship with the other occupants. I suspect the landlord will only name my ex-husband in the dispossess proceeding as his computer generated delinquincy notices only bear my ex-husbands name & no one else. He knows I live in the unit, but he never collected rent from me, my adult daughter or her live in boyfriend. Can we all be evicted without being named as parties to the dispossess notice?
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Old 05-17-2009, 08:51 PM
 
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If your ex-husband still holds the lease, then the LL will serve the notices, etc on him and yes, you all have to leave if he (ex) loses the court proceedings. The LL doesn't have to name every single person living in the apartment.

If you have any other questions about this, I think you should call Legal Aid because if you're on the road to getting evicted, you may very well need a lawyer to represent you in court.
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Old 05-17-2009, 09:18 PM
 
34,088 posts, read 47,285,846 times
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Quote:
Originally Posted by Unnamedoccupant View Post
Can a landlord dispossesses occupants in a non-rent regulated apartment without naming & serving every occupant?
yes they can. the landlord can put "john & jane doe" on the dispossess. i've seen it done plenty of times.
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