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Posted by EGH on November 13, 2000 at 14:13:59:

In Reply to: Re: eviction notice posted by jane on November 10, 2000 at 09:13:53:

: : Your roommate should answer the non-payment petition. This means going to court. It does not mean seeing a judge at this point or paying money;
: : you have to answer the petition, and get a date in front of a judge.
: : Check tenant.net/Court/Howcourt/contents.html for advice on how to
: : answer a non-payment petition. It might take a couple hours depending on
: : how busy court is. This is really something your roommate has to
: : deal with if your roommate's name is the only one on the lease;
: : if your roommate is evicted you have no particular right to the apartment.
: : I suggest going to court with your roommate to do some hand holding if
: : you feel it's necessary.

:
: Actually, we're both on the lease--I've been living in the apt. for one-and-a-half years; he's been here since April.

-- These little details are important.

So I'm correct in assuming that I'm just as liable for this as he is, even if I've done nothing wrong?

-- Yes.

I'm going to show up at Brooklyn Court at 7:30--they open their doors at 8, so I'll be there until 8:45, maybe? My understanding is that all I have to do is show up and answer the claim.

-- You answer the notice and get a date to appear again in court.

: Also, I spoke with our contact at the building mgr's office and she said that if she has cash next week she'll drop the claim. I will probably be able to get most of the balance by then; but I should appear in court anyway, right?

-- Yes, you should still appear in court. You need a guarantee that the
landlord is dropping the case, and a verbal assurance is no guarantee.
The second time you go to court, you should present evidence either that
you have paid all arrears, or have the money to pay the arrears, and tell
the landlord's attorney and the judge's assistant that you want a
stipulation the recognizes either that you owe nothing (if you owe nothing),
or that you will owe nothing upon paying the stipulated balance.

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Comments:
: : : Your roommate should answer the non-payment petition.  This means going to court.  It does not mean seeing a judge at this point or paying money; 
: : : you have to answer the petition, and get a date in front of a judge.
: : : Check tenant.net/Court/Howcourt/contents.html for advice on how to 
: : : answer a non-payment petition.  It might take a couple hours depending on
: : : how busy court is.  This is really something your roommate has to 
: : : deal with if your roommate's name is the only one on the lease; 
: : : if your roommate is evicted you have no particular right to the apartment.
: : : I suggest going to court with your roommate to do some hand holding if 
: : : you feel it's necessary.

: : 
: : Actually, we're both on the lease--I've been living in the apt. for one-and-a-half years; he's been here since April.  

: -- These little details are important.

: So I'm correct in assuming that I'm just as liable for this as he is, even if I've done nothing wrong?  

: -- Yes.

: I'm going to show up at Brooklyn Court at 7:30--they open their doors at 8, so I'll be there until 8:45, maybe?  My understanding is that all I have to do is show up and answer the claim.

: -- You answer the notice and get a date to appear again in court.

: : Also, I spoke with our contact at the building mgr's office and she said that if she has cash next week she'll drop the claim.  I will probably be able to get most of the balance by then; but I should appear in court anyway, right?

: --  Yes, you should still appear in court.  You need a guarantee that the
: landlord is dropping the case, and a verbal assurance is no guarantee.
: The second time you go to court, you should present evidence either that
: you have paid all arrears, or have the money to pay the arrears, and tell
: the landlord's attorney and the judge's assistant that you want a 
: stipulation the recognizes either that you owe nothing (if you owe nothing),
: or that you will owe nothing upon paying the stipulated balance.


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