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Questions regarding a holdover case in Queens/NYC

NYC Housing Court Practice/Procedures

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Questions regarding a holdover case in Queens/NYC

Postby mcnyc » Mon Apr 18, 2011 4:27 pm

Hi,

My fiance recently was told by his landlord that the house he is living in has been sold to another owner. It's a 2-family house, with he living in one part of the house and another family living in the other. The new owner wants all tenants out immediately.

He did have a lease but it ended in Jan. He kept asking the old landlord for a new one but the landlord kept dragging his feet. He now believes that is because the landlord was in the process of selling the house but didn't want to say anything.

My fiance told the new landlord that he needs some time to find a new place and asked if he could have at least 90 days. The new landlord seemed fine with it - everything was done verbally about 3 weeks ago.

This morning, my fiance received court papers via certified mail to report to Queens Housing Court tomorrow. The landlord wants him and the other tenants evicted. My fiance is up to date on his rent so this is being presented as a holdover case.

Wasn't the landlord supposed to serve the tenants in person prior to mailing the papers via certified mail?

Does my fiance have any rights and a solid case to fight this? He is willing to vacate the house but just needs time to find a new place. Can he evict all the tenants immediately like that? Also, can it be stipulated that no reporting of this agreement be made public record as that would actually hurt my fiance when looking for a new place to live?

The old landlord never told my fiance that he was selling his house beforehand. He told him once the house was sold, that there was a new owner and that owner wants all the tenants out immediately.

Thanks in advance!
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Postby TenantNet » Mon Apr 18, 2011 5:04 pm

The unit is not rent regulated, so your only protection is the lease, which has expired. So now, he's a month-to-month tenant. The LL would have to give 30 days notice, and can then commence a holdover proceeding in Housing Court. Something does not sound right when you say he got a notice to appear in court with only two days' notice.

His rights are limited as a month-to-month tenant. See the info in the Forum's Reference Section. The LL will get him out, it's a matter of how fast.

He can demand a Traverse hearing to contest the lack of proper service. He can also negotiate for more time -- and some times tenant lawyers can get a good result for more time.

The blacklisting should not appear unless there was a decision on a trial and after that occurs. But he should contest such blacklisting no matter when it occurs.
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Postby queensborough » Tue Apr 19, 2011 7:00 am

My sister-in-law faced a similar problem several years ago when the owner wanted to take back the house, also a 2 family, to move back in. They went to court and were able to get a 6 month extension, giving them time to find a new place.
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