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Re: Need Answers for Court. Holdover & Security Dep for

Posted by Israel on May 11, 1999 at 16:43:54:

In Reply to: Need Answers for Court. Holdover & Security Dep for posted by Barry on May 10, 1999 at 22:57:43:

What Will means is that since you are moving out on your own you can choose not to go to court. By not showing up to housing court, the Judge defaults judgement to the landlord. In which case he submits the proper documentations to the Marshall for eviction. If you choose to stay until the marshall evicts you then you will just get evicted. The issue of rent owed (April) and the security deposit is open to discussion with a housing court judge. You can pay, but he has to pay you too, so by default that amount is almost always forgotten. Becareful not to upset the landlord because he can claim damages in the apartment that are normal wear and tear. List violations and WRITE a letter to the landord (send certified) now.

Most landlord wont press the issue about the last months rent... But their are a few who know the law and will file papers in housing court or small claims court to recover that money. It is petty, but some live for this. you can file similar claims for recover of you rent deposit. Just wait and see.

: 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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