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unprompted holdover notice

NYC Housing Court Practice/Procedures

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unprompted holdover notice

Postby eener » Fri Aug 19, 2011 9:52 am

I fell behind on my rent 4 months ago after losing my job. I've lived in the apartment for 3 years and have always paid on time, or if I've had to pay late, I've worked out a schedule to the landlord's satisfaction.

This time they wanted me to work out a payment schedule, but I couldn't commit to one because there is no income coming in. Nevertheless, I made sure to give them at least a few hundred each week - but the amount always varied. I tried.

(Meanwhile, my lease expired 2 months ago but we have not renewed the lease - I was told to give 30 days notice when I was leaving)

I didn't make a payment for 3 weeks because there was absolutely nothing left and I knew they were irritated and said that they were thinking of taking legal action. I borrowed a few hundred dollars from someone and asked the landlord if this will stop them from filing papers. They said yes, so I gave them the money.

A few days later, I got a job and my first paycheck came a few days after that - 2 weeks total from the last payment I made to them. When I now offered a few hundred dollars, they told me they couldn't accept it and didn't explain why.

The next day, I went to take out the trash and saw a notice of petition for holdover taped to my door. I'm very confused. I assumed they would try to sue me for non-payment, but I am stunned that they went with holdover. What steps can I take now to protect my situation? I know that I eventually have to move, but I am pregnant and just started a new job - I won't be able to save enough in time to get me out of here if they win a 72 hour eviction.

Thank you so much.
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Postby TenantNet » Fri Aug 19, 2011 10:02 am

Well, evictions don't happen in 72 hours. But you don't say if you are stabilized or not, or if there's a possibility that you could be stabilized. that could make all the difference. Have you looked into this?
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Postby eener » Fri Aug 19, 2011 10:05 am

Oh, I was under the impression that a judge can issue you to vacate within 72 hours. I really have no concept of how this works.

The apartment is not stabilized, and there are 4 units in the row house.
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