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Posted by Mark Smith on October 03, 2000 at 12:14:48:

In Reply to: Re: Notice to Cure, Termination of Lease, Harassment posted by Ed on October 03, 2000 at 10:52:31:

If you win the case, you are still liable for any rent that the landlord would ordinarily be owed. However, the landlord might be liable for your attorneys' fees if you win the case on the merits.

If you lose the case, in New York City, the court has to give you ten more days to cure the defualt, under Section 753(4) of the Real Property Actions and Proceedings Law (RPAPL).

And you might also be liable for the landlord's attorneys' fees and court costs, as well as the rent ordinarily owed to the landlord. In the unlikely event that you are evicted, you would also be liable for use and occupancy from the date of termination to the date of eviction.

:
: The second notice of termination was served this past weekend. I can't imagine what they are trying to do. They've sent two vague "Notice[s] To Cure" and both times we've responded asking exactly what they wanted us to do. As they never responded to our request (sent via certified mail) I don't see where they could have much of a case for a holdover -- at the very least I think we should be entitled to know the exact nature of the alleged nuicance and given the opportunity to correct. How they determined we failed to comply with the notice to cure is also a mystery since they have not visited (or made any attempt to visit my apartment) since it was served.

: What I'm wondering is if this is a trick. If they refuse to accept rent during this proceeding and subsequently lose their holdover case, are we obligated to pay rent for the period from "Notice of Termination" through the Ruling by the Court? I'm guessing that the whole process might take months and (if we're required to eventually pay for all those months) the landlord is hoping we'll have spent the money and then try and bring a non-payment suit against us.

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Comments:
: If you win the case, you are still liable for any rent that the landlord would ordinarily be owed.  However, the landlord might be liable for your attorneys' fees if you win the case on the merits.  

: If you lose the case, in New York City, the court has to give you ten more days to cure the defualt, under Section 753(4) of the Real Property Actions and Proceedings Law (RPAPL).  

: And you might also be liable for the landlord's attorneys' fees and court costs, as well as the rent ordinarily owed to the landlord.  In the unlikely event that you are evicted, you would also be liable for use and occupancy from the date of termination to the date of eviction.  

: :
: : The second notice of termination was served this past weekend.  I can't imagine what they are trying to do.  They've sent two vague "Notice[s] To Cure"  and both times we've responded asking exactly what they wanted us to do.  As they never responded to our request (sent via certified mail) I don't see where they could have much of a case for a holdover -- at the very least I think we should be entitled to know the exact nature of the alleged nuicance and given the opportunity to correct.  How they determined we failed to comply with the notice to cure is also a mystery since they have not visited (or made any attempt to visit my apartment) since it was served.

: : What I'm wondering is if this is a trick.  If they refuse to accept rent during this proceeding and subsequently lose their holdover case, are we obligated to pay rent for the period from "Notice of Termination" through the Ruling by the Court?  I'm guessing that the whole process might take months and (if we're required to eventually pay for all those months) the landlord is hoping we'll have spent the money and then try and bring a non-payment suit against us.


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