Posted by Dj on August 19, 2001 at 12:28:21:
In Reply to: Re: a few questions about holdover evictions YES posted by Elizabeth on August 18, 2001 at 23:42:51:
I hate to bring you bad news but you have 12 days to find a new place to live.
The landlord can bring a holdover and can charge you a much higher rent,(called use and occupancy) PLUS the landlord could also give you with the eviction notice a 30 day notice that he is raising the rent on October 1st and it will be $1000 a month higher. All perfectly legal.
Unless you have some overriding reason to want more time to find a place, such as you have arthritis in your knees and MUST live on the 1st floor or in an elevated building....
A jduge is not going to be sypathetic ......and YES with NO lease if the landlord gives you a 30 day notice with a $1000 a month increase, NO judge is going to void that.
Sorry 12 days and counting.
: 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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