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Posted by Frank Pagano on February 02, 2000 at 20:51:12:

This is in regards to the county of Nassau, Long Island, New York. Apparently there was no formal rental agreement involved. Here is my case, please help with any advice if you can:

My stepfather has owned a house for a number of years, in which his father and mother moved in upstairs. While in the process of a divorce, my stepfather signed over the house to his father in order to prevent his ex-wife from taking the house as well. After a period of years, his father became delusional and demented. He hired a lawyer and hauled my stepfather into court for eviction. It is ironic that this man, not having paid one red cent towards the house, is now trying to evict my stepfather.

My stepfather received a summons for court, and had TWICE tried to retain a lawyer. One lawyer refused to take the case, the other one never showed up for court. In court, the judge did not hear his side of the story at all, instead meeting with his father and his father's lawyer in closed chambers while he waited outside. He was not permitted to present his side of the story. Once called in chambers, the judge stated he had 60 days to vacate the premises. That was it.

One thing I should note, his father also tried to sue for 16,900 dollars of unpaid rent, which was immediately thrown out. I assume this was the idea of his lawyer. As I understand it, no formal rental agreement, at least in writing had ever been established, which from what I know was why it was thrown out.

It has been past the 60 days, but we have received no notice as of yet to vacate the premises. We have NOT received ANY eviction notice at ALL, only that summons to show up in court which started this whole thing.

It is extremely difficult to find housing now, especially in the dead of winter. Nobody moves during this time, and affordable housing for three of us is quite rare, if not impossible to find.

I would like to know if there is anyway we can fight this. Even if we do in the near future receive an eviction notice, can we still make a counterclaim, and present our case in another court proceeding for a more sensible outcome?

I feel my stepfather really got railroaded by the system here. Any advice is appreciated. Thanks!

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• Re: Unlawful Eviction Proceedings? (Need Advice fast) John 02/03/00 (0)

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: This is in regards to the county of Nassau, Long Island, New York.  Apparently there was no formal rental agreement involved.  Here is my case, please help with any advice if you can:

: My stepfather has owned a house for a number of years, in which his father and mother moved in upstairs.  While in the process of a divorce, my stepfather signed over the house to his father in order to prevent his ex-wife from taking the house as well.  After a period of years, his father became delusional and demented.  He hired a lawyer and hauled my stepfather into court for eviction.  It is ironic that this man, not having paid one red cent towards the house, is now trying to evict my stepfather.

: My stepfather received a summons for court, and had TWICE tried to retain a lawyer.  One lawyer refused to take the case, the other one never showed up for court.  In court, the judge did not hear his side of the story at all, instead meeting with his father and his father's lawyer in closed chambers while he waited outside.  He was not permitted to present his side of the story.  Once called in chambers, the judge stated he had 60 days to vacate the premises.  That was it.

: One thing I should note, his father also tried to sue for 16,900 dollars of unpaid rent, which was immediately thrown out.  I assume this was the idea of his lawyer.  As I understand it, no formal rental agreement, at least in writing had ever been established, which from what I know was why it was thrown out.  

: It has been past the 60 days, but we have received no notice as of yet to vacate the premises.  We have NOT received ANY eviction notice at ALL, only that summons to show up in court which started this whole thing.

: It is extremely difficult to find housing now, especially in the dead of winter.  Nobody moves during this time, and affordable housing for three of us is quite rare, if not impossible to find.

: I would like to know if there is anyway we can fight this.  Even if we do in the near future receive an eviction notice, can we still make a counterclaim, and present our case in another court proceeding for a more sensible outcome?

: I feel my stepfather really got railroaded by the system here.  Any advice is appreciated.  Thanks!


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