I have a quick question for experts/attorneys:
My brother was taken to court by his landlord Dec 17, the landlord wanted to end his month to month payments he was making and went to evict him.
Here is the situation:
His lease formally ended July2008, before that date he asked to be released early from lease due to noise issues etc with upstairs neighbor. The landlord granted the request, but due to economy etc... He could not afford to move so he just continued to pay rent month to month.
Then on OCT 31, he got a 30 day notice vacate.... On Dec 17 his wife went to court to ask for an extension. (He was sick at the time)
When she got to court she asked for an extension until Jan 31, (She had some leads on other places so I figured by 1/31 all would fall into place)
My Brother is not working (Filing for SSD)
His wife was working for a Bank
The extension was granted the judge said to the landlord:
No Lease Re-newal was given
Regardless of written agreements there was no letter from management
formally asking formally to re-new or not. This is the law in a rent-stabilized building.
NOW...my brother's wife lost her job 2 days ago....An attorney we called said we had to go back to court to file a "Order to Show Cause".
Due to the hardship of his wife not working now and his filing for SSD I believe this will be enough for a judge to allow this to go back to the courts.
Any feedback or advice?? Can we file ourselves ? Then get lawyer?
Thanks all!!