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Posted by New York Tenant on August 19, 2001 at 11:58:52:

In Reply to: Re: a few questions about holdover evictions YES posted by Elizabeth on August 18, 2001 at 23:42:51:

By law, a judge can give you a maximum stay of six months, but can give you less time.

You would probably be ordered to pay use and occupancy, instead of rent, during the period of the stay. That could be the same as your current rent, or might be higher if the landlord can prove that the market rent is higher.

But the landlord has to properly and timely have you served with a notice of termination before he can proceed to housing court, and the Notice of Petition and Petition have to be served properly. If you raise the issue of service of the notice of termination and/or the court papers, the court proceedings could drag on for several months.
 

Follow Ups:

• 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:
: By law, a judge can give you a maximum stay of six months, but can give you less time.  

: You would probably be ordered to pay use and occupancy, instead of rent, during the period of the stay.  That could be the same as your current rent, or might be higher if the landlord can prove that the market rent is higher.  

: But the landlord has to properly and timely have you served with a notice of termination before he can proceed to housing court, and the Notice of Petition and Petition have to be served properly.  If you raise the issue of service of the notice of termination and/or the court papers, the court proceedings could drag on for several months.  
:  


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