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Posted by D. on March 09, 1998 at 19:44:13:

I am illegally living with my girlfriend and 2 cats in a loft with
a commercial lease and I have not paid rent for the past 9 months.
The landlord obtained a warrant of eviction which my lawyer stayed
with an order to show cause (on behalf of my girlfriend). The order
was finally denied. The warrant of eviction has now been reactivated.
This is a holdover proceeding in NYC.

The warrant was issued on a stipulation last November. Both sides were
represented by attorneys and in the stip my attorney agreed (in November)
that I would vacate by mid December- which I obviously did not. He did
this in exchange for the landlord's agreement to "sever" the back rent
due (he can start a seperate civil action which I am told can take years).

Is it likely that I could get a second order to show cause- at least to
buy a little more time? Can the 2nd order be from me (since the 1st was
from my girlfriend).

If I can't stay the eviction and I can't get out in time, what happens to
my possesions and my cats? Can the landlord/marshall throw the animals in
the street? Do they send them to a shelter? What is the rule/law?

Can the owner throw out or sell my possessions? Does he have to store them?
What is the rule since it's residential belongings but a commercial lease?

Do I have any chance of getting BACK IN if the landlord gets me out before
I do another order to show cause? What about an appeal to stay the eviction
if I post a bond?

Follow Ups:

• Re: Eviction! What Happens to Animals & Possesions? TenantNet 3/22/98 (0)

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Comments:
: I am illegally living with my girlfriend and 2 cats in a loft with 
: a commercial lease and I have not paid rent for the past 9 months. 
: The landlord obtained a warrant of eviction which my lawyer stayed 
: with an order to show cause (on behalf of my girlfriend). The order
: was finally denied. The warrant of eviction has now been reactivated.
: This is a holdover proceeding in NYC.

: The warrant was issued on a stipulation last November. Both sides were 
: represented by attorneys and in the stip my attorney agreed (in November) 
: that I would vacate by mid December- which I obviously did not. He did 
: this in exchange for the landlord's agreement to "sever" the back rent 
: due (he can start a seperate civil action which I am told can take years).

: Is it likely that I could get a second order to show cause- at least to 
: buy a little more time? Can the 2nd order be from me (since the 1st was 
: from my girlfriend).

: If I can't stay the eviction and I can't get out in time, what happens to 
: my possesions and my cats? Can the landlord/marshall throw the animals in 
: the street? Do they send them to a shelter? What is the rule/law?

: Can the owner throw out or sell my possessions? Does he have to store them?
: What is the rule since it's residential belongings but a commercial lease?

: Do I have any chance of getting BACK IN if the landlord gets me out before 
: I do another order to show cause? What about an appeal to stay the eviction
: if I post a bond?


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