Posted by Mark Smith on August 09, 1999 at 20:41:29:
In Reply to: Latest in the 'Holdover Ordeal' - Marshall Involved? posted by AR on August 09, 1999 at 12:55:50:
In New York, the only way to remove a holdover tenant legally is to go to court and get a warrant of eviction, which is executed by the sheriff or a city marshal. Self-help, such as changing the locks, is illegal; it is a misdemeanor and can also subject the landlord, managing agent, or anyone else to civil penalties, including treble damages.
The managing agent is being optimistic when he says the tenant could be evicted in two or three months. If the tenant appeals, he could be there for another year after a judgment in favor of the landlord.
You've never said why the tenant is refusing to move out. If it is because he failed to renew a rent stabilized lease, or failed to renew it in a timely manner, the court will probably have to give him a final chance to execute a renewal lease, and you may never get the apartment.
: I've posted a few times regarding a holdover tenant in my apartment. Here's the
: The mgmt company is now beginning legal proceedings against the tenant. This
: method apparently means another 2-3 months before he actually moves out.
: When I asked the mgmt co if a lock can be put on the door or anything like
: that to get this guy out quicker, I was told that this can happen
: only if the Marshall gets involved.
: What does that mean? The mgmt co. said that the fastest way to get him out is
: by trying to legally evict him. Is this true?
: What would happen if the Marshall gets involved? Can I call the Marshall? Can
: I, as the legal tenant, place a lock on the tenant's door myself?
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