Posted by TenantNet on March 03, 1997 at 01:40:17:
In Reply to: Pending Live-Work Loft Eviction (SOS!!!) posted by Hara Viner on March 03, 1997 at 01:16:14:
: WHAT DO WE DO FIRST/NEXT?
: 1. What legal recourse do we have at this stage of the litigation to
: stay eviction proceedings? Strategically, do we file a Motion to
: Modify the Order of Attachment or an Order to Show Cause?
If you're at the stage of a 72-hour eviction notice (i.e., there's
been a judgment or default judgement), I would suggest an Order to
Show cause in that you did not receive the notice. You need a
meritorious defense (non-receipt of the notice might be such a
defense). I would also strongky suggest you get a lawyer as
loft rules can differ from normal apartment rules. I don't know
what an Order of Attachment is.
: 2. Do we have any rights as residential tenants given the fact that
: the landlord had full knowledge that we resided in the building even
: though we signed a commercial lease and the building is not zoned for
: residential living?
Look at the Loft rules (I think they're Article 7-C of the Multiple
Dwelling Law -- correct me if I'm wrong). Call the Lower Manhattan
Loft Tenants. I think they're in the phone book. If not, email us
and we'll get the phone.
: 3. Do we have any defenses in an eviction proceeding given the hazardous
: asbestos and lead paint conditions of the building?
maybe, check with LMLT
: 4. Is a landlord legally "allowed to co-mingle the tenant's security
: deposit with his own personal funds" and not pay the tenant any
: interest" in a commercial rental in New York since the landlord stated
: that in our lease?
Usually the requirement to keep the funds in a trust account depends
on the number of units in the building. I think one of the CTRC Fact
Sheets speaks to this. But if it applies to commercial, I don't know.
: 5. The rental lease agreement was executed in New Jersey and the rental
: premises are located in New York. Do we apply New York or New Jersey
: landlord / tenant law? The eviction proceeding has been filed in
: the New York court system. We are in New York in the building. The
: lease doesn't specify where it was signed. Our corporation is NY the
: landlord lives in NJ.
: 6. We subleased 2 floors of the building to other tenants. What are
: these tenants' rights with respect to the pending eviction proceedings?
I think the owner would have to sue them as well.
: 7. We incorporated prior to signing the lease and signed the lease as a
: corporation. Can the corporation go bankrupt (reorganization) to stay
: the eviciton even though the landlord put a rider in the lease saying
: that bankcruptcy terminates the lease?
You have too many complications here, especially with all the commercial
aspects. I really think you need a good lawyer with loft experience.
Tomorrow morning, call the LMLT at (212) 539-3538. If you need a
lawyer ASAP, look at our ads (on the top of the page and load several
times till you see them -- there are 2 separate ads).
Note: Posting is disabled in all archives
Post a Followup