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Posted by Mark Smith on August 10, 1999 at 13:57:33:

In Reply to: Re: Latest in the 'Holdover Ordeal' posted by Anna on August 10, 1999 at 11:30:34:

You have a right to go to housing court to evict the tenant, pursuant to RPAPL §721(10). But you would have to retain and pay for an attorney, or proceed pro se.

The standard lease forms generally limit you to recovering the moneys that you paid to the landlord, if the landlord can't deliver possession. Read the lease to see what notices the landlord has to send you, and what choices you have to make, and what notices you have to send the landlord.

In this case, the landlord should have been more careful before leasing the apartment. It appears that there was no agreement signed by the landlord and tenant to end the lease as of July 31st, so you might be able to get additional damages.

Unless the landlord previously sent the tenant a notice to cure the default with respect to the dogs, it appears to be too soon from the expected move-out date of July 31st and the filing in housing court on August 6th. This could cause further delay. If you look at and copy the court papers, the Notice of Termination (often combined into one document, with a notice of default and notice to cure), with proof of service, should be attached to the petition.

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Anna wrote:

: 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 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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Comments:
: You have a right to go to housing court to evict the tenant, pursuant to RPAPL §721(10).  But you would have to retain and pay for an attorney, or proceed pro se.  

: The standard lease forms generally limit you to recovering the moneys that you paid to the landlord, if the landlord can't deliver possession.  Read the lease to see what notices the landlord has to send you, and what choices you have to make, and what notices you have to send the landlord.

: In this case, the landlord should have been more careful before leasing the apartment.  It appears that there was no agreement signed by the landlord and tenant to end the lease as of July 31st, so you might be able to get additional damages.  

: Unless the landlord previously sent the tenant a notice to cure the default with respect to the dogs, it appears to be too soon from the expected move-out date of July 31st and the filing in housing court on August 6th.  This could cause further delay.  If you look at and copy the court papers, the Notice of Termination (often combined into one document, with a notice of default and notice to cure), with proof of service, should be attached to the petition.

: =============================================

: Anna wrote:

: : 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 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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