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waive right to eviction?

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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waive right to eviction?

Postby glacon » Sun Jul 14, 2002 6:21 pm

I am looking to sign a lease on a rent stabilized apt. There is a clause in the lease's rider that upon default in payment in excess of 30 days, if the landlord provides me with 5 days written notice the landlord can assume possession of the premises without securing a judgement or warrant of eviction.

Does this hold water legally?

Thanks
glacon
 
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Re: waive right to eviction?

Postby Brooklyn Babe » Sun Jul 14, 2002 11:03 pm

No. The clause is in violation of
NEW YORK STATE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW (RPAPL) ARTICLE 7
SUMMARY PROCEEDING TO RECOVER POSSESSION OF REAL PROPERTY
http://www.tenant.net/Other_Laws/RPAPL/rpapl07.txt
The above information is from a non-attorney tenant activist and is not considered or to be used as legal advice.
Brooklyn Babe
 
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