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Re: New owners want me out.

Posted by Mark Smith on August 29, 1999 at 12:52:07:

In Reply to: New owners want me out. posted by Wendy Gordon on August 29, 1999 at 10:51:58:

When your lease actually expired isn't clear from your message. If you had a written lease, see what notice, if any, the landlord had to give you to notify you of the expiration of the lease. You might be a month-to-month tenant. Did you receive a rent bill from the new landlord for September or for any prior months? Did you pay any rent to the new landlord?

A 30-day notice terminating a month-to-month lease might be the correct notice. Was the notice from the new landlord? The old landlord should have notified the tenants of the sale of the building and instructed them to pay rent to the new landlord. Maybe you shouldn't pay the September rent until you receive proper written notice from the old landlord.

In the next few days you should receive two more copies of the 30-day notice, in the mail, by regular mail and by certified or registered mail. The notice may not have been served properly. The process server should have made at least two attempts, one during non-working hours, to serve you personally, before slipping the notice under the apartment door. Slipping the notice under
the apartment door is legal. [Real Property Actions and Proceedings Law 735]

Summary proceedings are eviction proceedings in housing court. In a holdover proceeding, you will be served with a petition and notice of petition, notifying you when to appear in court. If the papers give sufficient notice, you have to put in an answer before the court date. Attached to the court papers should be a copy of the termination notice and proof of service. Were you home when the process server allegedly tried to serve you personally?

Unless you are served personally with the notice of petition and petition, you should also go to the Landlord-Tenant clerk's office and copy the proof of service of the notice of petition and petition, to see if they were served properly.

Possibly your only defense would be that the termination notice and/or the court papers were not served properly, although you mi

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