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He's Not A Squatter -- He's A Holdover Tenant

Posted by Mark Smith on August 04, 1999 at 15:17:33:

In Reply to: Anybody know how to legally harass a squatter? posted by Anthony Rossello on August 04, 1999 at 13:59:34:

The only clearly-legal action that you can take against this holdover tenant (NOT squatter) is to bring a holdover proceeding against him in housing court. Of course, the landlord should be doing this, and the landlord might also be able to get a judgment for attorneys' fees against the holdover tenant. I doubt that you could get a judgment for your attorneys' fee from anybody -- even your landlord. You should be putting pressure on the landlord to evict the holdover tenant.

A holdover proceeding could take over a year, with an appeal, as long as the holdover tenant pays use and occupany charges monthly. If the tenant has limited financial resources and lives in a rent controlled or rent stabilized apartment, a money judgment (non-possessory) for attorneys' fees means very little.

: Trying to get into my apartment for which I have paid for and signed a lease.

: The previous tenant won't move out.

: The mgmt company is working on getting him out but is holding on
: eviction action.

: The longer they wait, the longer this guy will stay. I don't think he will
: do anything until he sees that they are serious.

: Meanwhile, my girlfriend and I are stuck in this dive of a place in the bldg.
: waiting for him to move. We're living out of boxes and it's a real drag.

: I realize that there isn't anything that would come of trying to talk directly
: to this guy.

: But what about any type of harassment? Police, detectives, etc. I'm not talking
: illegal or anything like that. It just seems that this guy is just going about
: his business day to day as if everything is fine while we are the ones totally
: put out.

: Thanks,

: AR

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