Am awaiting a trial against a tenant for non-payment. I'm trying to foresee what the outcome may be if I lose (trying to think of the worst case scenario here). The lease has expired (as of writing this now). All I care is to regain my apartment i...
Dear New York Landlord:
At least as the landlord you still own your building and the right to recover possession in a summary holdover proceeding if the tenant doesn't move out at the end of the lease. A landlord unlike a tenant survives a muffed or blown case to come back again and again to secure a judgment for possession.
About losing your nonpayment case. If you lose on the merits of the case the rent claimed is gone forever unless you pull out a win by a reversal on an appeal.
If your lose is due to your inability to prove your prima facie case, that sort of lose is usually "without prejudice" but is embarrassing since you alone have control over proper presentation of the basic rudimentary evidence necessary to establish the facts pleaded in the petition. A lose like that does not make s final determination on the underlying rent claim and allows you to sue again.See question
On Oct 31 my lease ended. My landlord was notified 30 days in advance that I wasn't renewing my lease. Two roommates stayed, and two of us left. The landlord asked us to find replacement roommates, but told us they would post the rooms by a cer...
Dear Brooklyn Tenant:
I gather you and four others signed one lease with a building owner and the term of the lease ended October 31.
Generally, it is illegal for a landlord to rent out individual rooms to independent tenants in one apartment. NYC local law makes illegal the business practice of taking one apartment with multiple bedrooms or rooms and separately renting those rooms with distinct leases to unrelated persons.
Generally, in a normal lease where a landlord has no say who occupies a particular room in an apartment, one tenant among a group is as fully responsible to the landlord for properly complying with the terms of the lease as is the entire group.
You must have an unusual lease to begin with where three tenants in a group of five move at the end of the lease and two remain as "new" tenants with the same landlord in a new lease, but somehow retain obligations to replace themselves to form a new group of five. In a normal world the landlord couldn't care less if two tenants pay the whole rent or one or five. If the landlord signed a new lease with two old lease tenants it becomes their obligation to pay rent; but no tenant ever has a legal responsibility to populate a successor tenancy.
But you described a totally illegal rental business by your landlord.
I suggest you follow up with an attorney.See question
Am currently gathering digital documentation as evidence for a trial against a tenant for a non-payment trial. It is one of the primary source of communication that I have on record with the tenant that shows their behavior pattern and activities ...
Dear Brooklyn Property Owner:
Digital evidence is useful at times but likely not at all relevant to the proof of a prima facie case at trial. Your "trial" is proof by admissible evidence of the statutory allegations of the petition.
You may use any manner of evidence to rebut the tenant's case and for cross examination of the tenant on his direct case.See question
My domestic partner has lived with me for 20 years. I alone am on the lease. The landlord has refused to add my partner to the lease. The landlord tried to evict me in 2013-14, basing his case on the fiction that my partner was an illegal suble...
Dear New York Tenant:
Based on your description of a sequence of frivolous lawsuits and fires in the building (and no roof) you are a victim of an unscrupulous property owner who likely has violated many tenant protection regulations of the Rent Stabilization Law and RSC. You should discuss this with your attorney since your dire situation seems ripe for your landlord to face an inquiry from the DHCR Tenant Protection Unit as well as investigation by the New York State Attorney General.
You did not have a legal claim to force the landlord to add your partner as a named tenant to the lease. See: http://www.nyshcr.org/Rent/OpinionLetters/COL-1416-Leases.pdf
With the modernization of marriage law in New York a tenant wishing a partner become a tenant has a right to do so as a "spouse."
Housing Court lawsuits are difficult to craft to cover the Big Picture. In the nonpayment case the judge will not be concerned about the bogus holdover proceeding based on a trumped up illegal sublease claim, and the landlord is entitled to rent that was rejected during that lawsuit as long as the landlord made a prompt claim (rent demand) and did not delay starting the nonpayment case.
It is a "rule" of procedure in a nonpayment lawsuit to name by true names all persons as respondents who live with the tenant. The purpose is to secure jurisdiction over the other persons in case of eviction.
You may very well have meritorious defenses to the nonpayment proceeding but continuing to focus on the domestic partner dispute is a major distraction.See question
I received a notice of petition non payment under my door and it says that I have to show up into the court's clerk to schedule a trial in 5 days but on the third day I went and payed all the rent that I owed to the landolord he gave me a receipt ...
Dear Brooklyn Tenant:
No. You do not call the Clerk. There is nothing for the Clerk to do. You need your landlord's lawyer to prepare and to file a Stipulation of Voluntary or Unilateral Discontinuance, and mail a copy of that document to you. The LEAST beneficial route for you when the landlord is "happy" is to answer the petition, secure a court (calendar) date, and appear in court for the landlord to drop the case.
A case on the calendar eventually results in your name and tenancy recorded permanently on the rightly scorned Tenant Blacklist, the result of a deplorable error of judgment by the Court system to monetize the data base of L&T lawsuits that are calendared either by the landlord or the tenant when answering a petition.
You want to avoid that result and the only way to do so is have the landlord on its own (without your appearance) file a discontinuance of the case.
Read more about the Tenant Blacklist at: http://www.brickunderground.com/blog/2014/05/tenant_blacklist
I had won in an arbitrators decision that I get my security Back from my landlord after me moving out. The landlord claimed damage to the home but this was not true and the arbitrator agreed with me the defendant. Could the landlord win in a trial...
Dear Middle Island Tenant:
Your former landlord must make the demand and pay the filing fee for the trial de novo withing 35 days of the day of mailing by the court clerk of the entry of the award to you as set forth by the arbitrator decision.
Read more at: https://www.nycourts.gov/courts/10jd/suffolk/dist/AfterJudgmentTDN.shtml#tdn
Of course, there is no way to predict the outcome of a new trial. You did not offer any information about the arbitrator hearing, how you went about proving your claim and how the landlord went about failing to prove the claim you damaged the home before you moved out.See question
I haved complained to housing about my apartment being flooded everytime it rains and they told me they will fix it months past and the situation only gotten worse i have videos and pictures of the problems
Dear Bronx Tenant:
Fortunate for you and your family, since you live in NYC, tenants have a right to sue their landlords and take the landlord to Housing Court, as soon as the landlord fails to make a proper repair after the tenant alerted the landlord about the defective condition.
Read about suing your landlord for a court order from a Judge to compel your landlord to make repairs at: http://nycourts.gov/courts/nyc/housing/startinghp.shtmlSee question
I'm late for November rent and got served saying I owed for November and December 2016
Dear Bronx Tenant:
If you meant that a Rent Demand dated November 16, 2016 stated that the rent past due is rent for November 2016 and rent for December 2016, and December rent is not due, then you are correct, the Rent Demand did not comply with the statutory requirement (NY RPAPL 711(2).) The Rent Demand is defective as not stating a good faith approximation of the rent claimed as due and not paid.
Here is the "rub." You do not get a chance to make this argument until the landlord has sued you for the unpaid rent. That surely will occur in December. Once sued, you may Answer the petition and take the case to trial to prove the underlying fault of the rent demand, or make a pre-answer motion to dismiss.See question
The case discussed when acceleration begins in a Foreclosure action. Does the 3rd department case control what happens in 2nd Dept. Is there a 2nd Department case with a similar decision ?
Dear Bayside Foreclosure Attorney:
As you realize the Third Department decision turns on the exact words contained within the letter to the borrower; and in that situation that Court found that the words used did not declare acceleration of the note.
Contrast that case with this:
where a New York County court decided the matter in favor of the borrower because the words used by the lender in the default notice were unequivocal that the note is accelerated.See question
Landlord owns the building as joint tenant with another individual. The landlord says he wants me out and will evict but the other individual does not want to commence the action. The Landlord says he doesn't need the other owner's consent to co...
Dear New York Tenant:
A "landlord" is authorized to maintain the summary proceeding. In your situation one off two owners is your landlord. The landlord/owner may act independently of the other owner who does not have a relationship with you of landlord and tenant.See question