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Posted by Elizabeth on August 18, 2001 at 23:42:51:

In Reply to: Re: a few questions about holdover evictions YES posted by dj on August 18, 2001 at 20:21:48:

Hi,
Thanks for your response, DJ.

Yes it is a legal 3 family. No, I am not withholding rent. My lease expired 2 months ago. The landlord wanted to raise the rent. I wanted to move out instead so we agreed that I could have 3 months to find a new place and during that time there would be no rent increase (that would mean moving out by Sept 1). I have been paying rent since then with no written lease, but I can't find a new place that is comparable and I need to keep looking, but he says he'll evict me if I'm not out by Sept.

I've done some reading and talked to people and everything I've heard and read points to extreme tenant leniency in the NYC courts and that judges routinely hand out 6 month allowances which can even be extended. Also, I thought that if the landlord accepts rent from you they are, in effect, continuing your lease and therefore can't evict you at the same time. Combine those two things, and it seems to spell out: 6 months, or more, in which I don't have to pay rent while I look for a new place during eviction proceedings.

I know that sounds like a greedy jerk, but people tell me that's what the courts are like. And if it's true, I could really use the money for the costs of moving which could easily add up to $5000 for just a $1000/month apt (broker's fee, movers, sec deposit, and first and last months rent).

I'm just trying to find out from others who have had similar experiences if it is true about the courts being so lenient and evictions taking 6 months or more.

Thanks, and please, I'd like to hear from other folks too.

- Elizabeth
*******************
: Are you sure its a 3 family legal building is the mulitiple dwelling registration number posted, in the hallway or near the mailbox?

: How long can a judge make you move, if you have no legitimate reasons to withold the rent then a couple of days till a marshall evicts you.

: Good reasons to extend move out date, your parents are dying or are on deaths door would be a great one to use, how can a judge force you to move quickly under those conditions.

: YOU the Tenant will owe for each and every day in occupancy, PLUS if the judge decides the landlord's legal fees as well.
:
: And if you sign a stipulation to pay the landlord on xxxx dates to catch up and dont, the stip is VIODED and the landlord can file for immediate evcition.

: The holdover and any judgement (money you owe) will go on your credit report and you will have bill collectors after you soon enough...

: I guess in the end its not worth fighting, unless your conditions are so horrible that the judge would be shocked, and then maybe you would get some free rent out of this.

: But it really has to be a horrible apartment.

Follow Ups:

• Re: a few questions about holdover evictions..not much time Dj 08/19/01 (1)
  • Re: a few questions about holdover evictions New York Tenant 08/19/01 (0)
• Re: a few questions about holdover evictions New York Tenant 08/19/01 (7)
  • Re: a few questions about holdover evictions Elizabeth 08/19/01 (6)
    • Re: a few questions about holdover evictions courtwatcher 08/20/01 (0)
    • Re: a few questions about holdover evictions Lilly 08/20/01 (0)
    • Re: a few questions for you - 08/19/01 (3)
      • Re: are there any TENANTS here to answer question about holdover eviction Elizabeth 08/20/01 (2)
        • Re: are there any TENANTS here to answer question about holdover eviction Lilly 08/20/01 (0)
        • Re: are there any TENANTS here to answer question about holdover eviction YESYESYES dj 08/20/01 (0)

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Comments:
: Hi, 
: Thanks for your response, DJ.

: Yes it is a legal 3 family.  No, I am not withholding rent.  My lease expired 2 months ago.  The landlord wanted to raise the rent.   I wanted to move out instead so we agreed that I could have 3 months to find a new place and during that time there would be no rent increase (that would mean moving out by Sept 1).  I have been paying rent since then with no written lease, but I can't find a new place that is comparable and I need to keep looking, but he says he'll evict me if I'm not out by Sept.

: I've done some reading and talked to people and everything I've heard and read points to extreme tenant leniency in the NYC courts and that judges routinely hand out 6 month allowances which can even be extended.  Also, I thought that if the landlord accepts rent from you they are, in effect, continuing your lease and therefore can't evict you at the same time.  Combine those two things, and it seems to spell out:  6 months, or more,  in which I don't have to pay rent while I look for a new place during eviction proceedings.

: I know that sounds like a greedy jerk, but people tell me that's what the courts are like.  And if it's true, I could really use the money for the costs of moving which could easily add up to $5000 for just a $1000/month apt (broker's fee, movers, sec deposit, and first and last months rent).   

: I'm just trying to find out from others who have had similar experiences if it is true about the courts being so lenient and evictions taking 6 months or more.

: Thanks, and please, I'd like to hear from other folks too.

: - Elizabeth
: *******************
: :  Are you sure its a 3 family legal building is the mulitiple dwelling registration number posted, in the hallway or near the mailbox?

: : How long can a judge make you move, if you have no legitimate reasons to withold the rent then a couple of days till a marshall evicts you.

: :  Good reasons to extend move out date, your parents are dying or are on deaths door would be a great one to use, how can a judge force you to move quickly under those conditions.

: :  YOU  the Tenant  will owe for each and every day in occupancy, PLUS if the judge decides the landlord's legal fees as well.
: :  
: :  And if you sign a stipulation to pay the landlord on xxxx dates to catch up and dont,  the stip is VIODED and the landlord can file for immediate evcition.

: :  The holdover and any judgement (money you owe) will go on your credit report and you will have bill collectors after you soon enough...

: :  I guess in the end its not worth fighting, unless your conditions are so horrible that  the judge would be shocked, and then maybe you would get some free rent out of this.

: :   But it really has to be a horrible apartment.  



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