Archived
Can I file OSC to vacate, stay the Inquest & restore PRIOR to the Inquest? Or must I wait until AFTER Inquest to seek vacatur?
Steven's answer
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Answered on May 16, 2016
Dear Astoria Tenant:
I agree this is the time to seek counsel since you already experienced one turned down Order to Show Cause when you claimed...
Archived
Do I need a full eviction or is there a special version for these facts?
Steven's answer
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Answered on May 16, 2016
Dear Brooklyn Property Owner:
Please discuss with your attorney. The New York State service statute requires the landlord perform certain acts...
Archived
Can owner evict me if DHCR is performing an investigation?
Steven's answer
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Answered on May 15, 2016
Dear New York Tenant:
A judge must render a judgment in the landlords favor. The landlord holdover proceeding usually stems from termination of...
Archived
Does any legal concept preclude the landlord from turning the clock back 8 years to claim something he was unaware of then?
Steven's answer
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Answered on May 15, 2016
Dear Astoria Tenant:
I gather you are defending your right to your home and to a renewal lease in Housing Court without an attorney. The judge...
Archived
Can i switch (w/out prejudice by letter) from small claims to civil action?
Steven's answer
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Answered on May 14, 2016
Dear New York Litigant:
You will likely forfeit the entire claim if you self-dismiss after expiration of the SOL. What is the cause of action?...
Archived
Am I entitled to a full thirty days to vacate the premises before I am subject to holdover proceedings?
Steven's answer
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Answered on May 14, 2016
Dear Hyde Park Tenant:
I do not know what your landlord placed in your mailbox since you did not describe the papers at all other than providing...
Archived
When hiring a process server, do I need to serve just my tenant or my tenant and both her adult children?
Steven's answer
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Answered on May 13, 2016
Dear Old Westbury Property Owner:
If your tenant refuses to pay rent, prepare a written demand for rent, and name the tenant as the tenant, and...
Archived
How is is it to collect back due rent?
Steven's answer
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Answered on May 13, 2016
Dear Staten Island Property Owner:
So did you serve your Summons and Complaint on the tenant before the eviction when you knew where she was? If...
Archived
Can the deeded landlord evict me while the owner of the property is listed as the previous landlord?
Steven's answer
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Answered on May 13, 2016
Dear Hyde Park Tenant:
Your "landlord" has standing to maintain a holdover proceeding based on expiration of tenancy. Your "landlord" is the...
Archived
See below re: interpretation of the two-year period in 9 NYCRR §2503.5.
Steven's answer
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Answered on May 12, 2016
Dear New York Tenant:
I am changing the category to Landlord and Tenant.
You did not state any reason for the roommate to claim a successor...
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