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Re: Landlord not renewing lease to give apartment to son.

Posted by Anna on May 18, 2000 at 13:50:37:

In Reply to: Re: Landlord not renewing lease to give apartment to son. posted by Paul O'Connell on May 15, 2000 at 12:52:06:

: I live in a rent stabilized apartment in Brooklyn. My lanlord told me within 120 days notice that he would not be renewing my lease because his son needs his own apartment away from home (he is 30). At the time there were 2 other vacant apartments in this 16 unit apartment building and there were a total of 3 in all in the year of 1999. What is the law when it comes to Landlords holding apartments for family memebers and can the pick and choose the apartments they want? How can I prove these apartments were vacant?

: This is also the second time my lanlord did not want to renew my lease. The first time he had claimed that the very same son who need is own apartment now, was the tenant and I was the sub-tenant. The case never went to court because the DHCR never had a record of his son leaving my apartment and the landlord put in for the allowable 14% increase in rent when I moved in. The lease i signed was found to be illusory and I recieved another two year lease.

: Can this be used to show the court that my landlord is acting in Bad faith and is willing to say and do anything to get my apartment?

YES.

All of that can be used to show that he has no intention of moving his son into the building.

Read similar cases in Housing Court Decisions on TN. Use 'owner occupancy' in every search box on TN.

Holdovers are difficult to win: you really need a lawyer. Good news: her fees should be paid by landlord when you win if your lease has a legal fees clause in it...

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