Posted by Barry on May 10, 1999 at 22:57:43:
I have to be in Housing Court in Brooklyn on May 17th. I got a Notice of Petition posted on my apt. door for a holdover situation. I need Answers!
I was served Notice of Termination papers on March 17th to leave my apt. by April 30th. I'm in a mo-to-mo tenancy in Brooklyn. I had a lease for 15 years; last year, the LL retracted offer. Building has only 5 total units, so I have no protection there.
I initially did not pay April's rent, as I decided to let the security deposit cover it. When May arrived, and I was still in the apt., I paid April's rent. But I have not paid (or offered) May's rent. I figured I would reclaim my security deposit by not paying for May. I have been packing right along, and moving things out to a storage facility (I still have a lot more to move). So the LL knows I'm moving out.
But, being the Legal Beagle that the LL is, she wants to take me to Court, she has said, so that if I am granted an extension that it is a legal determination by a judge. So, what do I say when I go to Court? I won't most likely have a lawyer, unless I can find a pro se in time.
The Notice also says Take Notice that (I) may be required by this Court to make a deposit of use and occupancy. What is the likelihood that I will be ordered to pay May's rent to the LL? And, if so, how quickly would I have to do this? If I pay May's rent, then the LL is back in the driver's seat as regards the security deposit. I do not trust the LL to return it. The LL may at least try to keep a portion of it.
The LL is starting to renovate the inside of this Park Slope brownstone, so that rents that have been between $1400-$1800 per floor can be increased to $2200 per floor.
So again, how do I Answer in Court as regarding the Holdover? (There's no repairs needed; I never issued complaints; everything works and services have been provided)
And, what can you tell me about the Security Dep/Rent situation?
Thanks for your help!
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