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Posted by Hawk on June 09, 1999 at 23:18:45:

In Reply to: Re: Rent Bar: unpaid rent = no; removal of tenant = yes posted by Anna on June 09, 1999 at 22:45:17:

Anna correctly wrote: " OK: so the LL can't sue for unpaid rent in any court, but can still sue in Supreme Court (see Pat/Hawk 6/9/99) for 'ejection' which removes the tenant (same result as eviction or possession)."

Keep in mind that an action at ejectment in Supreme Court is NOT the same as a holdover proceeding in Housing Court. A Supreme Court case can easily take a year, with discovery as of right etc. All during the time of the lawsuit the landlord is not entitled to any rent money. So if a tenant is in a "illegal" apartment he or she will be able to live rent free for quite a while. (Landlord's caught in this predicament often are willing to pay the tenant money to agree to voluntarily move out (known as a buyout). Good luck!

Follow Ups:

• Re: Rent Bar: counterclaims etc.... leah 6/17/99 (1)
  • Re: Rent Bar: counterclaims in Small Claims Court. Anna 6/18/99 (0)

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Comments:
: Anna correctly wrote: " OK: so the LL can't sue for unpaid rent in any court, but can still sue in Supreme Court (see Pat/Hawk 6/9/99) for 'ejection' which removes the tenant (same result as eviction or possession)."

: Keep in mind that an action at ejectment in Supreme Court is NOT the same as a holdover proceeding in Housing Court. A Supreme Court case can easily take a year, with discovery as of right etc. All during the time of the lawsuit the landlord is not entitled to any rent money. So if a tenant is in a "illegal" apartment he or she will be able to live rent free for quite a while. (Landlord's caught in this predicament often are willing to pay the tenant money to agree to voluntarily move out (known as a buyout). Good luck!


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