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My landlord is taking me to court for a hold over case for constant late payments but i have major repairs in the apartment

Flushing, NY |

that the landlord wont fix like asbestos on the ceiling. my question is if i lose the case how long would i have to find a new place to live?

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Attorney answers 1


Dear Flushing Tenant:

Perhaps your focus should be on defeating the landlord's holdover proceeding based on chronic rent delinquency. Those forms of nuisance proceedings are difficult to prove and often are not determined without a trial. Landlords often seek to resolve these lawsuits with an agreement with the tenant where the landlord is relieved from the burden in proving the claims made in the case, in exchange for granting the tenant a "probationary" period, where should the tenant pay rent on time for a set period (usually one year or so), the case ends. But the sword over the tenant's neck, is that a subsequent unexplained and not cured late payment or missed payment, results in the end of the tenancy and an eviction without a trial.

Why not secure your home with an attorney helping you beat the lawsuit instead of anticipating a lose? Your attorney would also be able to gain your repairs, so that this should not be an issue in the future, and make sure that the settlement agreement provides you with the right amount of time to restore your tenancy to good standing without trapping you in an instantaneous default and lose of your home.

Good luck.

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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