My mother gave me a court 90 days invocation, she still want me to pay rent tho, can she still charge me rent?
2 attorney answers
You do not have to voluntarily vacated your apartment when the notice expires. Your mother will have to start a holdover eviction action in Housing Court against you. The court will decide whether or not you are required to pay rent.
Alan J. Goldberg, Esq. is an attorney with over 25 years of experience in representing tenants in life changing multi million dollar buy out situations and defending all types of eviction proceedings. He aggressively defends Non Payment, Holdover and Ejectment eviction proceedings and actions and affirmatively asserts defenses and counterclaims. All answers herein are for general and informational purposes only. The answer to a question is not legal advice and does not establish an attorney-client relationship.
If the court has indeed given you 90 days to leave, and you say that you are on the lease, then this eviction notice must be for cause, such as not paying rent, or some other violation, you did not state the reason why your mother decided to evict you. I gather that you did not attend the eviction proceeding? Are there any security deposits? More information is needed to properly answer your question, but if you did not pay any security deposits, then legally, even if you have gotten a notice for eviction, you are still liable for rent payment for the duration of the 90 days.