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Hearing this afternoon HELP HOLDOVER... Eviction???

NYC Housing Court Practice/Procedures

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Hearing this afternoon HELP HOLDOVER... Eviction???

Postby chiefdahill » Thu Dec 20, 2007 1:37 pm

Earlier this week I receied a holdover notice nailed to my front door in stuyvesant town. I have been illegaly subletting for 3 years and the LL has terminated the lease due to discovering that the PT has not been living there. For the 1st year the PT was overcharging me by 900 per month. The last 2 years I was paying the legal rent. She has not rerturned any of my phone calls since receving the termination of lease 2 months ago. She has a secuity deposit that she has not returned to me so I stopped paying the rent considering that she was going to lose the place anyway. The lease expired Nov 30 and I have still not moved out since my new place isnt ready yet... I plan to move in the next week or two.

The holdover papers were addressed to her but another set was addressed to John Doe. I discussed the situation with the people at GOLES who informed me that I should appear and ask for 30 days to move. I'm afraid that if I do I will no longer be known as John Doe but by my real name. I dont think that they can go after me for rent arrears since I never had a lease with them.

What should I do? What if I do not appear? Can they send the sheriff within 72 hours after the default judgment? I dont want to get evicted on Christmas Eve.

Any thoughts or opinions would help. I'm leaning towards going to court and asking for 30 days but I have reservations.
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Postby jkgal » Thu Dec 20, 2007 2:02 pm

Hello,

I know nothing about holdovers and nothing about the particulars of your case. However, I do know this. GO TO COURT!!!!! If you do not, only the worse may happen. Certainly LL won't adjourn because you're not there. If you don't go, you give LL a present - the judge will hear only one side of the story, and it won't be yours.

:!: GO! :!:

jkgal
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Postby TenantNet » Thu Dec 20, 2007 2:33 pm

These days GOLES is more interested in building skyscrapers for luxury tenants.

But in this instance, their advice is correct. Go to court. You are the Jon Doe and chances are they know your name anyway. Get an adjournment, or a stipulation allowing 30 days to give up possession. Of course if the prime tenant show, that could complicate things. But stick to what you are seeking.
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Postby TenantNet » Thu Dec 20, 2007 2:34 pm

Please, no duplicate posts. I deleted the dupe.
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Information from TenantNet is from experienced non-attorney tenant
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