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30 Day Rule / Searching for Precedence

NYC Housing Court Practice/Procedures

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30 Day Rule / Searching for Precedence

Postby yoerez » Tue Mar 05, 2019 8:18 pm

Good day!

I have a civil court case next Monday and I would really appreciate a little bit of help regarding two specific subjects:

1. I was coerced by my landlord (using threats and intimidation) into signing away my stabilize apartment lease and was told I had only 21 days to return my keys and evict the apartment. I was told by one judge and several lawyers that it is customary to give 30 days notice before evicting a tenant, my question is : Where is the law that actually says that. I need to quote from it to the judge and I would love to see the actual law / regulation that says tenants should get at least 30 days to leave.

2. I am making the claim that if it wasn’t for this wrongful eviction, I would have stayed in the apartment for at least 3 more years and thus should be awarded the difference in rent for that time. For example, if the rent was $1500 and I’m now paying $2000, that’s a $500 difference, times 36 months is $18,000. This amount is also punitive to discourage landlords from using the same shady and threatening tactics in the future. I know I need precedence of some other case, preferably in NY that has done something similar or was awarded a similar amount.

I apologize if I’m being vague, but this is a very long story and I don’t want to waste your precious time with the entire thing, if there any details you need I’d be happy to provide them but at this point this is what I need to go in front of a judge.

Thank you.
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Re: 30 Day Rule / Searching for Precedence

Postby TenantNet » Tue Mar 05, 2019 8:58 pm

Is it Housing Court, or Civil Court (they are different).

What kind of case is it? Did the LL bring it, or you? What is being sought?

Is it a holdover brought by the LL? If so, are you still in possession? On what grounds is the LL seeking to terminate the lease? What documents have you received?

If it's a non-payment, also, are you still in possession? Approx. how much is the LL seeking and for how many months is that? Did you withhold rent and what were the reasons? Do you have it in escrow?

Or is this a case that you brought against the LL? If so, what are you seeking and why?

Please explain what is going on. Your first post is totally confusing. You have to be precise with terms and language.
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