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How long to wait on apt in eviction case

NYC Housing Court Practice/Procedures

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How long to wait on apt in eviction case

Postby vilgrentr » Fri Dec 09, 2005 8:49 pm

I recently signed a lease which was to start the middle of this month for an apt in a co-op building. Just last week the owner informed me that the current tenant is refusing to move out (Im unclear whether he was offered a new lease and refused or not but no lease was signed, he did not pay his last month's rent, and he allowed the owner access to show the apt to new tenants) so the owner is pursuing eviction. From what Ive read on this website, this seems to be a "no-defense holdover" case. Here are my questions:

1) How long could this case drag on if the tenant (who works in real estate management) knows what he's doing and wants to stay there as long as he can?

2) If I decide this is going to take too long and want to look for another apt, do I have any legal responsibility to uphold this lease?

3) Do I have a right to all of my money back, which includes 1-month deposit, first month's rent, and application fees to the owner, the co-op board, and mgmt. company? Assuming the board and mgmt company wont pay, can I demand that the owner refund me those costs?
vilgrentr
 
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Re: How long to wait on apt in eviction case

Postby Aubergine » Fri Dec 09, 2005 9:22 pm

First, read your lease. What does it say about delivery of possession? Leases typically provide limited remedies for the tenant if the LL is unable to deliver possession on the date specified.
Aubergine
 

Re: How long to wait on apt in eviction case

Postby Downtown » Sat Dec 10, 2005 10:25 am

Since you don't know why the tenant is refusing to vacate or what defense might be used in holdover...a minimum time for service, then court date (depends on calander and some courts do not like to evict during holiday season). This is if tenant shows up for court.
Because tenant did allow LL to proceed with renting, guessing that might not be able to take possession of where they are to move to. If you have some way of contacting tenant, might ask off the record what's happening.
What's your situation...do you need to vacate on 15th. Is there another apt. in building you could use.
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Re: How long to wait on apt in eviction case

Postby vilgrentr » Sat Dec 10, 2005 6:25 pm

I am ok to stay where I am for now; I have an open lease and the landlord is flexible, thankfully. Thanks for the feedback. I dont know what the situation is between the owner and current tenant of the new place. I should try to get more info. I do have a provision in my lease that does say I can expect my deposits back in case of failure to give possession. I guess I will notify the owner of the amount of time I am willing to wait before seeking a refund of my money to go find another place.
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