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eviction from 4 years ago

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kat1234

Guest
I am asking a question about an eviction from 4 years ago.I had a apartment i rented then left for some one else to live they past away an they posted an eviction notice am i liable for this?
 


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dorfman

Guest
IF your name was on a Vaild lease 4 years ago then YES you are responsible

If the lease expired then they died then No your not.

BUT Was the apartment rent stabilized? then you might be if they paid the rent in your name....

we need more details

what do they want?
 
K

kat1234

Guest
I do not remember sigining a new lease before he past away also i think the lease expired in nov.98 he past away in sept 98. I do not think the apt. was rent stablized. the building was sold 7 months after he past away.A woman called me 4 years later telling me i owe the new management 3,100.00 dollars i asked her for what she would not reply she said i have your social security number and she was very rude and i kept asking her for what i owed this money for and she said for me to call the new management i told her why she was being so rude her reply was you should pay your bills and hung up. i feel i do not owe this money because no one was living in the apartment when the new management took over.if you can help me?:confused:
 
D

dorfman

Guest
well you still need more details.........

when did you leave? when did the lease end? when did he die?

what was the rent? what happened to your security?

was the apartment rent stabilzed....was there 6 or more apartments and bulit before 1974?

Did the other person pay the rent to you then you paid the landlord?

did the peson pay rent in his own name to the landlord?

you see you need to answer everything so we can get a clear picture of what exactly happened and why they think you owe them the money..

there is a possibility you owe for the two or three months after he died and before YOUR lease expired and they sued you in court....since YOUR NAME was still on the lease, but they still have your security deposit they never accounted for right?

Did you leave any of your stuff in the apartment when the lease expired?

If it was ALL HIS stuff that was still in the apartment after he died and after the lease expired........then they should have sued HIS ESTATE for the rent money not you, since your lease would have expired.

Thats why who exactly paid the rent is Important, if the landlord accepted rent from him from his checking account then HE is considered the tenant, and HIS estate should have been sued.

Did the landlord know you sublet? anything in writing?

You got an evicton notice and you didn't READ IT!

That was your BIGGEST mistake, do you still have it? What did it say?
 
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D

dorfman

Guest
Lets go even further......

Have you applied for credit and was turned down?

Then chances are they got a judgment against you in court.....and sooner or later they will have to present the judgement to you......and if its $3100 then you will have to pay it. since YOU ignored an evcition noitce.

If you applied for credit and got it, then they still haven't sued you in court yet.. so they are trying to scare you into paying.

SO getting all this information and having your day on court... any PAYING for a lawyer is going to be worth it.

The only other option is to see if the person who died if his family might help you pay part of the judgment since his estate should have been presented with the bill, not you.

So NOW you know its cheaper to pay a lawyer then to IGNORE an eviction notice!
 
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K

kat1234

Guest
4 year eviction

I left the apartment in 97 i think the lease expired in nov.98.the person died in sept.98 but i dont remember sining a new lease before i left i was paying 585.00 a month plus an extra 200.00 for arrears i never recieved any security back.i dont know if it is rent stablized but it is a 73 family building built in 1930. yes the other person sent me the rent and i sent a money order to the landlord in my name they kept my security the apt. was empty when the served the eviction notice was posted. and i have applied for credit since then and received it. so i dont understand why? THEY waited four years to contact me??? Also the management office new that nobody was living there when the new management took over. what can i do i dont have money to pay this!!:confused:Can they force me to pay this and how did they get my socil security and phone number when the phone is not listed in my name.are any agencies allow to give out any information about me???:confused:
 
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dorfman

Guest
OK I get it:

I assume the old apartment was in new York City...

then.....


YOU ILLEGALLY SUBLET THE RENT STABILZIED APARTMENT

And since he died guess what???? the rent wanst paid and YOUR NAME was still on a Valid lease, so they issued an evcition notice but since they do have to serve you with papers... it took them 4 years to track you down.

In NY you are VERY VERY lucky, you must be served personally with court papers in order for the landlord to get a MONEY judgment against you.

So the landlord went to court and got a judgment of posession of the apartment and charged you for the months it was empty plus court costs and legal fees.

so you more then likely will owe the $3100. IF you could find the check or reciept for the deposit it could be deducted IN FULL off what you owe. If you keep good records that is.

Now they can hire a process server, serve you and continue the suit.

So....... If you had ANY brains whatsoever you would have realized the $585 rent is utterly DIRT CHEAP, and to make a profit on subletting is illegal.


If your apartment was in NYC then.........

You could have negotiaed with the landlord to give up your apartment and have the landlord PAY YOU to terminate the lease. Since he could automatically raise the rent 20% PLUS any rennovation costs....

As you can tell im pissed at you.....if you were smart YOU would owe ZERO and they would have paid you probably $10,000 to vacate the apartment.

PS---------------

I would Immediately curtail ALL SPENDING, cancel any vaction plans since if you have a court date they will not postpone if just becuse you have a non refundable ticket to the bahamas.

I would make sure You DONT get Pregnant!!!!!!

NO buying of LUNCH take it from home, NO cabs, NO eating out, NOTHING........

You just might need to come up with some money fast!
 
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kat1234

Guest
I live in nyc i was not making a profit on anything i simply could not afford the rent so i left. and if they have to serve me with papers how are the going to find me?? and i still dont know how after 4 years they are looking for me?? if they have my social security number they could have found me sooner. i am a very hard working person. so what can i do???:confused: doesn't the judge have to decide how much i have to pay on a monthly basis because there is no way i can pay the whole thing at once. i was not subleting i left it to a friend and did not make one penny on anything.:confused:
 
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dorfman

Guest
Boy oh boy you still dont get it......

YOU DID sublet it to your friend.......

YOUR name was still on the lease when he died

The landlord has a right to all the rent that was lost PLUS court costs and legal fees.


YOUR JOB, is to find all the reciepts and the lease, and to verify all the dates and to find ways to lower what you owe.

$585 rent... its so unbeliveable you left, what it could have been was a goldmine if you were smart.
 
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kat1234

Guest
so what do i do now? i could not afford the apt. then so i really cant afford to pay . can the judge make a payment plan or can i suggest i pay monthly i just dont now what to do i am going to look for receipts but that was four years ago. i might have something but first when they called they said 3100 now they call an said 3200. also it was the same women who called again and she said it wasn't her but i know it was. she said they were going to serve me with an judgement but how can they find me . and i should go to court and tell the judge i can't afford it thats why i left in the first place. i also told her the management office new i was leaving but said they had sold the building:confused:
 
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dorfman

Guest
The landlord has to give you an accounting of the $3100, it has to be stated in the petition as to how they come up with the amount.

Then you have 5 days to file an answer with the court after you are served.

Then they will set up a court dateprobably within 2 weeks THEN you appear in court ON TIME... NO EXCUSES!!

Then you can ask for a postponement to consult a lawyer, or if you are ready for a trial, you can schedule it. The judge might do it on the spot, or later in the day, or in 5 days...

so you must take the whole day off

THEN you explain your side and refute the money charges that you have proof of such as a reciept for your security, what date did he die what date your lease expired, and how many months you didnt pay the rent.......They cannot charge you after the lease expired if the apartment was empty.

and let a judge can decide what you owe and how you will pay it.
 
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kat1234

Guest
thank you for all your help!!! i dont know if i can find the lease but i may be able to find receipts showing that the rent was pretty much up to date. would the management have this information?? i never made any profit on the apt. i just could not afford the rent so i left. the superintent said he would tell them he called the office and told them i had left and the apt was empty. the apt was empty for about 2months while they renovated it. then it was rented fast.so its not like they lost money on it being empty. i can talk to the girl to find out when she moved in would this help.
 
D

dorfman

Guest
That what you need a copy of her lease or for her to sign a statement as to when she first moved in.

The landlord has NO obligation to show you anything before court, but it will be listed in the summons how they cam up with the amount.

So She probably is getting ripped off......

$585 plus the landlord can add 20% for a vacancy PLUS 1/40 a month of the total cost of the rennovations, A landlord will get the HIGHEST priced items like a $3000 goumet stove and not a $299 Sears special, becuse a $3000 goumet stove adds $75 to the rent each and every month forever, and he buys from a LUXURY store on Madison ave, NOT from an industrial warehouse and its all legal.

So i bet she is paying $1500. And doesnt have a clue she has only 4 years to file for an overcharge, with DHCR. Maybe you can show her how to get her rent reduced and she will show up in court with you.

Where was this $585 a month apartment anyway?
 
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kat1234

Guest
the apt is in brooklyn, and as far as new stoves they get stoves from a company that only repairs and repaints old broken down stoves and refridges and calls them new. so as far as my problem goes what should i do. the super of the building said he would tell them when i left and that he reported it to the old landlord.:( :( :confused:
 
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rentertoo

Guest
First you must understand:

This is a MATH QUESTION!!!!!!!!!


How much was the rent?
how many months was it not paid?
when did the tenant exactly die?
when exactly did they remove the tenants belongings?
when exactly did your lease end?
when was the apartment available to rerent?
when did the tenant move in exactly?
was there any damages?

add up the days figure the cost and see if the landlord has anyway they can claim you owe $3100.

They cannot charge you for rent if they were rennovating it has to be availaible today for them to charge you. And they cant charge you rent after the lease expires UNLESSS the dead tenant still had his stuff in the apartment hmmmmm

You have to come up with a logical day by day answer to what you could possibly owe.

So It is a Math question you need to answer.
 
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