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Re: Latest in the 'Holdover Ordeal'

Posted by Anna on August 10, 1999 at 11:30:34:

In Reply to: Re: Latest in the 'Holdover Ordeal' posted by AR on August 09, 1999 at 23:17:52:

: I haven't asked about other buildings that the _sponsor_ has, but I have
: asked about other units in the building that he owns - no luck.

: The tenant has been offered my temp apt and turned it down. He actually wants
: a studio apt in the bldg, but the sponsor won't give it to him since he wants
: him out.

: The legal advice we were seeking was between us and the landlord. Breach of
: contract, whatever. The attny basically said that there's nothing really worth
: suing for, but we would get whatever we went for - not much to claim as
: damages, at this point. But the extra expenses you mentioned were part of what
: we'd go for.

: I'm not sure what we should do about this, though. You're probably right about
: the time span, but I can't walk away yet. I'm hoping that the tenant's reaction
: to the lawsuit will indicate what to expect. If he doesn't have the money for
: an attny, he may freak out and go. If not, it's back to the classifieds for me...

: Do you know how long it usually takes papers to be served? I'm expecting it to
: happen sometime this week if the mgmt co started it last Thursday.

: AR

To check on the stage (what's been filed, what's been served) of the sponsor's eviction proceedings agains the current tenant: you can go to Housing Court (open 8am-5pm M-F, til 7 or 8pm Thurs), look up the leaseholder's name as Respondent or the Sponsor's name (mgmt co can't sue) as Petitioner. Look this up in the public access computer, copy down the Index Number, ask for the file, photocopy it.

If the eviction is violation of the lease, to wit, the dogs: you'll know that his lease was NOT legally terminated 7/31...

If it is for holding over after the termination of the lease, then the landlord alleges/assumes that it was validly terminated 7/31...

From your earlier posts, it sounded like that tenant's lease was not terminated (the dog thing), so your lease might not be valid...

You might be able to sue the LL in HC to enforce your lease, then you and/or the LL would ask that the cases be consolidated (heard at once). This as as close to becoming a party to the LL's eviction proceeding of the Tenant that I know of. You could also just show up in court, as an interested person, but not a party of the case. You would not have a legal right to speak, but the judge might let you.

Read about the HC process on TenantNet Home. After you find out what type of case the LL filed, read about similar cases in Housing Court Decisions on TenantNet. Call Met Council or WSTU or speak to the Pro Se Attorney at HC after you you do (and with a copy of the court file and your lease and other documents).

Read about the Small Claims process too (and pickup their booklet and forms in the courthouse): you can sue this sponsor for that lawyer's fee, double moving expenses, tel/cable hookup, lost wages, etc, up to $3000.

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