Hello,
I am helping a friend that has received a summons for holdover.
This is in the Bronx. He has been renting for two years, he made an oral agreement with LL for three years. LL reluctantly signed a 1 year lease after tenant asked him for it, so he could prove residency. LL did not renew lease or offer another when it expired.
A year later LL wants to evict and files in housing court.
My friend was not served properly. They did a nail and mail without attempting personal service first. He is a grad student with no car, pretty easy to find. He then received the postcards from the court. He appeared, asked for an adjournment and received 1 month, no use and occupancy money was discussed.
I have identified several defects in the LLs petition. For one he did not describe the property correctly. He wrote First floor, while my friend rents the basement. Would this be considered deminimus in the Bronx?
Secondly the apartment is an illegal conversion, and not on the buildings c of o . So it is an illegal two (mother daughter) Will Housing Court hear this case or will LL have to file for an ejectment order in civil court?
My last question is can we answer the petition in writing before the court date, without an appearance? Are there any good resources explaining how to do this?
Thanks in advance.