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Landlord doesn't care, eviction process in NYC

NYC Housing Court Practice/Procedures

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Landlord doesn't care, eviction process in NYC

Postby modernline2009 » Tue Jun 22, 2010 9:47 am

My father in law, my pregnant wife and myself rented apartment on month to month basis in Queens, NY last summer 2009. Our neighbors who rent apt above ours have wooden floors and 6 children making lots of noise every day until 12am. My father and I have to wake up early to go to work, my wife can’t relax because of that loud noise. We spoke to our landlords many times and asked him to help us to deal with this problem but unfortunately he didn't do anything about it. We have roaches in our apt, we requested exterminator but our landlord simply ignored it. During the winter we didn't have heat for weeks because it took landlord long time to repair the heating system. My wife gave birth a few months ago, we still don't have window guards even though we requested it many times as well. Since my wife become pregnant, she quit her job and it became difficult to pay for the rent. To increase our income we let our friend to move in with us. We confirmed that with our landlord who verbally agreed on this, however 2 months later the landlord decided to give us 30 days notice of $100 rent increase due to additional expenses related to gas, water and electricity usage.(our landlord pays for that). He said that he will increase rent or the new tenant must leave. Our friend decided to leave on his own because he couldn't take the noise coming from our neighbors. We decided to withhold the rent payment and called NYC to make complaints about our problems with landlord. We received 30 days notice to leave the place. We searched for a new apt but we couldn't find anything that we could afford. We need more time to find a new place. What can we do to extend the process in court, how can we defend ourselves? Please help us.
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Postby ronin » Sat Jun 26, 2010 9:20 am

First. In your month to month situation the last thing to do would be to withhold rent. Your landlord seems to be in the legal right here. With a month to month tenancy in a private non-regulated apartment you basically are only guaranteed the next month. The LL can raise rent or ask you to move at any time.

Your situation is not a good one. With such an unstable tenancy and a baby you are definitely behind the 8 ball. You should have posted a question here before taking any action. But that's water under the bridge.

The good news is that housing is undergoing a lot of changes and it is becoming a renter's market to some degree as new condos open up. SO keep looking for a place.

The other good news is that you are facing what is called a Holdover Proceeding and the judge can give you up to 6 months to move out. You need to consult with a lawyer as to some of the defenses that you may have available. You can also call some of the hotlines listed here on tenant.net or in rentwars help section. Given that you have an infant child any partly human judge would have to give you the full 6 months to move IMHO.

The 30-day notice is the notice required before he can sue you in housing court. Not the day the marshal comes to kick you out. Once you receive a holdover petition, that is the start of the actual case.

Also, don't overlook the basics, were you served the 30 day notice in your hand, or via certified mail?

Good luck.
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