how long until eviction

[rfriedman]

My court date is coming up, they say I can postpone one time for lack of legal representation.

I've had notice since October 1st. This is for non-payment, so my question is: will I have until Christmas or New Year's? Also, hard to get a lawyer from legal aide. :confused:

[Downtown]

Need details...non-payment because didn't have or witholding rent. Do you have now..can you do a payment plan. Your age? You might be eligible for one time payment assistance.
Go to pro-se atty's office in Housing Court and talk with them. Also look for tenant clinic in your boro.
Without details, hard to say.

[rfriedman]

Behind in rent because I cannot pay. Not witholding. People in housing court aren't too helpful, would have to get legal aide, and they go by priority system.

[rfriedman]

What happens if you cannot pay legal fees they're asking; that's why I need legal aide.

[Anna]

Tenants cannot be evicted for not paying LLs legal fees or late fees, only for not paying rent or 'use & occupancy'.

LL is not automatically entitled to legal fees.
First, there must be a VALID legal fee clause in your lease. Second, LL must request them. Third, either you volunteer to pay LL's legal fees or a judge awards them to LL after a (usually written) Motion or after a Trial to the prevailing party. Fourth, judge holds a hearing to determine if amount of legal fees is reasonable. Fifth, if somehow LL gets legal fees, LL still cannot evict for nonpayment of legal fees, only for nonpayment of rent: judge should write the judgemant for possession for rent only, with a second money-only judgement for fees.

[rfriedman]

Thank you Anna. In that case, would I need an attorney?

[Downtown]

If you can pay all the back rent then bring a money order with you to court. If atty fees have been asked for Anna explained this.
If you can't pay all the rent but can in the future then work out a payment plan. Be very sure you can make the amount and the dates. Often the LL atty will try to put into the stip (agreement) that if payment not received can automatically file for Marshall eviction. You do not want that.
If you still can not pay then a whole different situation with possible remedies.