Posted by me on August 11, 2001 at 01:53:16:
In Reply to: Re: court next week - please advise posted by tenant on August 10, 2001 at 17:09:08:
Then you must go, and you may need a lawyer--depending upon what is at stake. Ordinarily a lawyer is mandatory in an eviction--but you are not being evicted. You should get at least pro bono help, a legal clinic perhaps.
The problem is that the landlord may, at some point, try to get you on the hook for the rent. You should act now to nip this in the bud.
: Thank you for your response. I am a party to the suit. The court papers read, "Joe Landlord -against- Mildred Jones and Nytenant."
: : Are you a party to the suit? Are you a defendant? Is it Joe Landlord vs. Mildred Jones and Nytenant? If not, stay away.
: : If so, go and say you don't live there and say you should not be a defendant.
: : Incidentally, you probably have a suit against the tenant, as I do beleive she broke the law in overcharging you for the rent.
: : : I lived in an unfurnished, NY rent stabilized apt for 2 yrs. I had no agreement with the landlord. I only signed a 6 month lease with the primary tenant, which stated I was living in the apartment as a roommate. I paid rent directly to the primary tenant, which turned out to be more than the legal stabilized rent (DHCR rent history confirmed). The LL decide not to renew the lease with the primary tenant in July b/c he said our situation was an unauthorized sublet and illegal. I moved out at the end of June as requested.
: : : The primary tenant is refusing to hand over the apartment or pay rent (hasn't paid June, July, or Aug rent). The LL is now trying to evict her and get paid. The LL knows I no longer live there but has served me and the primary tenant "Notice of Motion" papers (via mail) requesting that we both attend court next Tues, 8/14.
: : : The landlord is insistent that I attend the hearing (he has called me 5 times in the past two weeks)...stating he doesn't want to go after me, but I could be liable for the money owed. Why??
: : : I am incredibly annoyed by this whole situation. Am I obligated to go to court? Am I potentially liable for the rent due even though I'm not living there? I wasn't going to cause a commotion about being overcharged by the tenant -- just wanted to cut my losses -- but now that I'm spending so much time and energy trying to defend myself in the this mess, I'm tempted to try to recoup the money I was overpaying the tenant.
: : : I would greatly appreciate it if someone could provide answers or advice regarding my situation. Thank you.
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