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Received a petition for holdover... please help

NYC Housing Court Practice/Procedures

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Received a petition for holdover... please help

Postby adelaide » Mon Jul 27, 2009 3:21 pm

I never received 30 days notice, however according to the petition I did. The lawyer even photocopied the receipt for US and certified mail with the postmark. And, there are three copies of each (one to me, my husband, and "all other residents")

This is a two family house with the landlord living downstairs with access to my mail. I can't believe this; how could I not receive even one of six certified and regular letters that were sent??? Somehow I think she took it so I wouldn't know I was getting evicted.

Is there anything I can do? Can I somehow see who signed for the letters? This is ridiculous!

The court date is scheduled for next week and I want to be prepared. What can I do in this case? She's also petitioning for us to pay legal fees, when we had no idea this was even going down.

Also, we are buying a house (already approved for the mortgage) and closing in 2-3 weeks (we were going to give our own notice on 8/1.) The LL mentioned many times she wanted us out and was making us generally miserable so we have no desire to stay here anyway. But will the fact that I'm moving out anyway help us? And how can we avoid paying her legal fees?

I'm just really shocked here and not sure where to start.

Thanks for listening; I hope someone here has some guidance!

ETA: on july 1st, she asked for our rent as usual and i paid her. when I looked online, the back of the check said "cashed under protest"
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