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Re: Latest in the 'Holdover Ordeal' - Marshall Involved?

Posted by AR on August 09, 1999 at 21:57:49:

In Reply to: Re: Latest in the 'Holdover Ordeal' - Marshall Involved? posted by Mark Smith on August 09, 1999 at 20:41:29:

I'll try to keep it short. Here's the story:

The apt is in a co-op building and is being subleased through the owner
of the unit.

The mgmt company told us that the current tenant was breaking his lease
after only three months and moving out of town.

We were approved for the apt, signed the lease, and gave first, last, and
security for the apt - this was in mid-July for a lease staring 8/1.

8/1 came and went and the tenant remained in apt.

The mgmt co offered for us to stay in a temporary apt in the bldg for the
wknd of 8/1 so that the tenant could move out on 8/2 - his plans to leave town apparently
fell through and he needed the wknd to secure another apt.

We moved into the temp apt to get out of my previous landlord's way (so much
for trying to do the right thing) on the agreement that we would be moving
into our apt on Monday.

The tenant did not move out 8/2. He told the mgmt co. more of his sob story
and told the landlord he'd be out by 8/6.

Upon questioning the landlord, learned that he wants the tenant out without a
problem due to his 2 large dogs - other tenants hate them. Figures this is the
quickest way to get tenant out.

Consulted legal advice. Attny drafted a letter to mgmt co
on 8/4 requesting info on next moves if tenant does not move out soon.

Mgmt called tenant on 8/4 for status. The tenant feigned ignorance,
claiming he thought the mgmt co had offered to give him to the end of the
month to move out.

The mgmt filed legal action against the tenant on 8/5. I'm guessing that
the tenant will be served papers sometime this week. At that point, I don't
know what to expect.

Do you still think that he could be there for a year? Based on this, could
the tenant still appeal?

We just want this thing to go away already. We've thought about getting another
place, but it requires so much time and money (and the landlord still has the
$ from the lease signing). Eventually we will, but we keep hoping it will end.

Sorry for the long winded reponse. Any advice is appreciated.


: 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
: : latest:

: : 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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