The home is in foreclosure. I lived here since 2009 until currently 2013. This guy is a fraud. The name on my lease all this time is not him. I thought it was him,until we went into court and he sign a different name. He is now claiming the person name on lease is his wife. I never saw this person he claiming to be his wife as of yet. How do I know this person is his wife? Being he allow me to think this was his name since 2009 on the lease. I want to charge criminal charges on him. How do I do that? Step one would be?
Divorce / Separation Lawyer
If you think he committed a crime, then contact the police. If it is. Landlord tenant matter, then retain an attorney to represent you.
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Landlord / Tenant Lawyer
Dear Brooklyn Tenant:
A tenant does not necessarily need to personally know the landlord. If the person named on the lease as the landlord is the person named as Petitioner in the summary proceeding, that is sufficient for serving the requirement of legal standing to maintain a summary proceeding. The landlord/petitioner must be represented by an attorney. Unless the husband is an attorney, he cannot represent the landlord wife in a Housing Court proceeding.
The way you "find out" if the Petitioner actually has standing to maintain the summary proceeding is to raise the defense of a lack of standing in your written answer to the petition and then in a motion to dismiss. The "burden of proof" is on the landlord to prove the landlord and tenant relationship required to gain a judgment in the Housing Court. So if you do not believe a landlord and tenant relation exists with the Petition, you will demand a trial and make the petitioner prove to the satisfaction of the court that the petitioner has standing to commence and to maintain a summary proceeding. The issue is one that goes directly to the jurisdiction of the court to hear a nonpayment summary proceeding. That is so, because the Court cannot rule in the Petitioner's favor without a valid rent demand. If the "landlord" did not prepare and serve a proper written rent demand prior to commencement of the summary nonpayment proceeding the Court should dismiss the petition.
The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.
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What did you go to court for with the "landlord"? If its a housing court case, then I agree with the other answers and you should raise as a defense that the "landlord" doesn't have standing, i.e. he is not in fact the landlord. Its possible for a landlord to have agents that manage units for him or her, or for the landlord to be a corporation.
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