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Posted by John on February 01, 1999 at 21:49:44:

In Reply to: Re: Holdoverpreceeding from hell posted by DK on February 01, 1999 at 11:26:35:

: I agree that, under the circumstances, you really have no choice but to go through with the trial. If you have strong evidence, the judge may be able to persuade the landlord to drop the case. If not, you have to prove your case at a trial.

: If you are really confident of your position, you may want to hire an attorney. The loser in these cases has to pay the winner's reasonable attorneys' fees. Many tenant lawyers (including my own firm) would be willing to represent you on some type of partial contingency if your case is strong.

: If you are going to trial without a lawyer, make sure you have all of your witnesses available to testify. Letters from neighbors are generally not admissible as evidence; the neighbors have to testify in person.

: If you just move out and give up, the landlord would be able to get a judgment against you for its attorneys' fees if there is a clause in the lease to that effect.

: : I have a holdover preceeding against me claiming illegal sublet of my rent stabalized
: : apt. I have provided adequate proof I am not subletting (Showed proof I live there and showed proof the alleged tenant does not). However the landlord continues to
: : harrass me. At this point however I just want to give up and move out, it's not worth is. However the landlord who took me to housing court wants his lawyers fees paid to drop the case. Can he do that. I showed adeqate proof I lived there, he is the one pressing charges and I want out of this nightmare he even has a PI following me around. At my next holdover preceeding (first one was only last month) what can I say to the Judge to get me out of this nightmare without having to pay the legal fees of the person harassing me.
Please contact me so I can discuss my case with your law office.John

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Comments:
: : I agree that, under the circumstances, you really have no choice but to go through with the trial. If you have strong evidence, the judge may be able to persuade the landlord to drop the case. If not, you have to prove your case at a trial.

: : If you are really confident of your position, you may want to hire an attorney. The loser in these cases has to pay the winner's reasonable attorneys' fees. Many tenant lawyers (including my own firm) would be willing to represent you on some type of partial contingency if your case is strong. 

: : If you are going to trial without a lawyer, make sure you have all of your witnesses available to testify. Letters from neighbors are generally not admissible as evidence; the neighbors have to testify in person.

: : If you just move out and give up, the landlord would be able to get a judgment against you for its attorneys' fees if there is a clause in the lease to that effect.

: : : I have a holdover preceeding against me claiming illegal sublet of my rent stabalized 
: : : apt. I have provided adequate proof I am not subletting (Showed proof I live there and showed proof the alleged tenant does not). However the landlord continues to
: : : harrass me. At this point however I just want to give up and move out, it's not worth is. However the landlord who took me to housing court wants his lawyers fees paid to drop the case. Can he do that. I showed adeqate proof I lived there, he is the one pressing charges and I want out of this nightmare he even has a PI following me around. At my next holdover preceeding (first one was only last month) what can I say to the Judge to get me out of this nightmare without having to pay the legal fees of the person harassing me.      
: Please contact me so I can discuss my case with your law office.John


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