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Posted by Anna on August 09, 1999 at 22:51:39:

In Reply to: Re: Latest in the 'Holdover Ordeal' - Marshall Involved? posted by AR on August 09, 1999 at 21:57:49:

A few comments (have left only the sections of your last post that are relevant):

First: you might not be the 'legal' tenant: he lives there on a one year lease with 9 months to go; you have never lived there... he has possession, you have a piece of paper & a promise... you know the old saying: possession is 9/10's of the law!

************

: 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.

: The mgmt co offered for us to stay in a temporary apt in the bldg for the

: 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.

************
Second: Real people who own coops rarely have 'mgmt co's' or extra apts in same bldg: sounds like you are subletting from a 'holder of unsold shares'. There are two types of these: the sponsor who purchased a rental building then converted it to coop (and often still owns up to 84% of the units) or an 'investor': a person or corp who buys at least 3 units with no intention of living there. Either way: why not just ask for another apt? Both of these types usually have apts in more than just that one bldg, too.
************

: 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.

: 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.

: AR

**************
I think he will be there for at least this month, probably 3 months, maybe until the end of his lease...

Your prospective 'landlord' jumped the gun, it should pay all extra expenses (good luck trying). If you really really want this one particular apt: why not ask the mgmt co to find him another one? Hey: maybe you could trade: your 'temp' apt for his?

You probably have no legal standing in this matter: that is, nothing to say about the lawsuits the landlord/mgmt co/coop owner is bringing against him: didn't your lawyer tell you that?

Last suggestion: get a new lawyer: s/he should have told you all this... or, go to nolo.com and read the section about communicating with your atty.

Follow Ups:

• Re: Latest in the Unmoved Tenant Ordeal Mark Smith 8/10/99 (0)
• Re: Latest in the 'Holdover Ordeal' AR 8/09/99 (2)
  • Re: Latest in the 'Holdover Ordeal' Anna 8/10/99 (1)
    • Re: Latest in the Non-Moving Tenant Ordeal Mark Smith 8/10/99 (0)

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Comments:
: A few comments (have left only the sections of your last post that are relevant):

: First: you might not be the 'legal' tenant: he lives there on a one year lease with 9 months to go; you have never lived there... he has possession, you have a piece of paper & a promise... you know the old saying: possession is 9/10's of the law!

: ************

: : 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.

: : The mgmt co offered for us to stay in a temporary apt in the bldg for the 

: : 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.

: ************
: Second: Real people who own coops rarely have 'mgmt co's' or extra apts in same bldg: sounds like you are subletting from a 'holder of unsold shares'.  There are two types of these: the sponsor who purchased a rental building then converted it to coop (and often still owns up to 84% of the units) or an 'investor': a person or corp who buys at least 3 units with no intention of living there.  Either way: why not just ask for another apt?  Both of these types usually have apts in more than just that one bldg, too.
: ************

: : 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.

: 
: : 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.

: : AR

: **************
: I think he will be there for at least this month, probably 3 months, maybe until the end of his lease...

: Your prospective 'landlord' jumped the gun, it should pay all extra expenses (good luck trying).  If you really really want this one particular apt: why not ask the mgmt co to find him another one? Hey: maybe you could trade: your 'temp' apt for his?

: You probably have no legal standing in this matter: that is, nothing to say about the lawsuits the landlord/mgmt co/coop owner is bringing against him: didn't your lawyer tell you that?

: Last suggestion: get a new lawyer: s/he should have told you all this... or, go to nolo.com and read the section about communicating with your atty.


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