Tenant files motion to dismiss (apartment, lease, eviction, rental property)

[rockbust]

Hi,
My attorney filed the court papers to begin eviction of my tenant for non payment in suffolk county NY. 2 months owed. we have a court date set in landlord tenant court this week. today I get served a motion to dismiss my action by the tenants step father. He is claiming my action is frivolous and the paper he gave me has a date for court in 3 weeks from now?

I called my attorney and she said we just go to court this week and they are just trying to by time. I am concerned...

Anyone know what this motion is about and why would there now be a second court date? Nothing mentioned this weeks date is canceled. Do I need to answer/ respond to this motion to dismiss?

Also the tenant is asking in leu of dismissal that he be given 3 more months to find a place since he is on disability.

Thanks

[kinkytoes]

I agree with your lawyer. You still have to go to court for YOUR case to evict the tenant. Now the tenant has retaliated against you, you also have to go to court for HIS case.

You have to go to court at least twice, and you'd better show up for each case, no matter how stupid. If the tenant is on disability, he probably already knows how to "game" the system, and is betting on the fact that he has a lot more time and leisure than you do to spend weeks in court.

You also have to pay a lawyer...but I bet he's getting a lawyer for free...thanks to your tax money. He will end up staying in your place rent free as long as he wants because the hearings will take that long. You see it already took a couple of weeks for the 2nd court date? The judge will probably also schedule another hearing for the nonpayment case since it has been challenged.

By the time that passes by, another month will have passed. The tenant will have gotten the 3 months he "needs" to put together the funds to find a new sucker...I mean "landlord."

I had a case with a tenant who sued me because she was upset that I didn't renew her lease. She had lost her job and couldn't afford to pay the rent. It sounds mean, but she also had a place to go, and I don't run a charity. She took me to court claiming the unit was uninhabitable. Although her claims were BS AND her lease was already up, I was still required to attend court.

I also had to file suit in order to get her out of the apartment after the lease term. Again, the lease had expired and I gave her ample notice of non-renewal all within the limits of the law.

If I hadn't shamed her to moving in with her family (She was a single mom, and having fun and living someplace 'cool' with a small child is NOT the way to go if you have no money), she could have dragged me through court for MONTHS. I was pissed since there's an easy option of the unit is "uninhabitable": get out.

But the court system does not work that way. Once the ball has started rolling, you may need a new case to get each little step done. It is better to avoid court at all costs.

In a lot of cases I witnessed, the people were low income and were just buying time "rent free" to find another place to live. The judges also seemed to be strongly on the side of the tenants.

The judge actually scheduled new trials, even though my tenant's lease had expired, and I followed the law in giving her ample notice of non-renewal. Again, I had to go to court for her case, and then pay for another hearing to get her removed although the lease was up.

In your case, I suspect you are also at the mercy of the tenant. Since he doesn't have any income, you can't even hope of getting any money back if you win. There are no wages to garnish, no security at stake etc. You may be in for an expensive couple of months.

Hang in there. Next time, rent to people only when the rent is no more than 30% of their income. They're more likely to pay rent, less likely to sue and people with jobs are less apt to want to spend months in court.

[CarlitosBala]

Sounds like you have a very sophisticated tenant. This person knows the law, and will be able to take you for an expensive ride for several months.

Look up the case of some dude in NJ. His entire life mission is to live rent free. He's had.. I think.. over 100 trials and evictions to his name. He knows what to say, and when to say it to game the system in his favor.

You say your tenant is on disability?? Is it even a legit claim??

Maybe.. if you were able to procure video evidence that he is not disabled, you may have a bargaining chip to use against him to renegotiate.

Best of luck with this nightmare ordeal.

[rockbust]

thanks for the information. Today I spoke to the attorney and so happens the tenant came to her to give her the court papers they filed. My attorney got him to sign a stipulation that he would vacate the premises by the end of the month and I would dismiss all money claims for the 2 months owed. Only problem is that we also named his girlfriend as a undertenant since he let her move in. Supposedly she is no where to be found now and she did not sig the stipulation.

Interesting that my tenant has not spent a single night here in about 1 month. I think he moved in with a new girl but is using my cottage for fee storage for all his junk.

[manderly6]

I will point out the obvious that if you have an attorney and are asking these questions on a message board something doesn't seem right.

[rockbust]

Hey, I never trust completely any lawyer. It is always good for everyone to double check with other people who have been there. No disrespect to my attorney or others out there.

[modsquad81]

Originally Posted by rockbust

Only problem is that we also named his girlfriend as a undertenant since he let her move in. Supposedly she is no

Why would you do that? Most evictions simply name the tenant and any "John or Jane Does". Did you give actual legal permission for her to move in?

[PacificFlights]

Typicaly you go to court on the date and the motion to dismiss will also be heard at that time. the motion is heard before the facts of the eviction is heard. If the GF is not on the lease, the stipuation probably was worded to bar anyone else from makling a claim as the tenant is the tenant. The girlfriend can sue the tenant for legal action if they think they should have had rights to apartment and the tenant gave it up, but that should get you off the hook.

[jamies]

Ah-Ha! You believe he is not living there, but has left stuff? In Arizoina that is called abandonment and if the rent is not paid after 7 days we can take possession of the unit, move the junk to storage or the trash according to value. No money in the world would get me to invest in rental property in NJ< NY or most east coast states.

[AdotAllen]

Originally Posted by kinkytoes

If the tenant is on disability, he probably already knows how to "game" the system, and is betting on the fact that he has a lot more time and leisure than you do to spend weeks in court.

What is that supposed to mean?