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Breach of stipulation

NYC Housing Court Practice/Procedures

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Breach of stipulation

Postby Beano » Thu May 02, 2002 1:44 pm

Ok ... here's the facts:

1) Petitioner and respondent enter into a stipulation where as the petioner will forgive the rent arrears if the respondent is out by March 31st.

2) Respondent get an order to show cause.

3) At order to show cause the Judge stays the eviction until April 30th, giving the tenant more time to find a place. This was a final judgment.

4) Tenant has not left the apartment and is awaiting until the marshal comes, to leave.
Questions:

1) Can the tenant be sued and found liable for the rent arrears, since there was a breach of the stipulation?

2) Can the landlord sue if they out out after the specified date, but the marshal did not peform an official eviction?
Beano
 
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Re: Breach of stipulation

Postby Brooklyn Babe » Sun May 05, 2002 10:57 pm

1) Can the tenant be sued and found liable for the rent arrears, since there was a breach of the stipulation?
-It was actually a breach of court order. Answer is YES. Tenant has renegged on their portion of the deal.

2) Can the landlord sue if they out out after the specified date, but the marshal did not peform an official eviction?
Not sure, but assumption is yes, since contract is breached. Marshal is usually the better route, as I think it gives LL more leverage in suing.
The above information is from a non-attorney tenant activist and is not considered or to be used as legal advice.
Brooklyn Babe
 
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