landlord no show

[m.hart]

What happens in NYC if a landlord fails to answer the calendar call (didn't show up)? What happens to the case, is it dismissed? Can he take action again? How many times?
What must tenant do in meantime?

thanx

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by m.hart:
What happens in NYC if a landlord fails to answer the calendar call (didn't show up)? What happens to the case, is it dismissed? Can he take action again? How many times?
What must tenant do in meantime?

thanx<HR></BLOCKQUOTE>

You have to ask the court to see if the case was postponed or dismissed. If you appeared in court you should have requested a dismissal on the grounds that the plaintiff failed to appear. If the case was dismissed, it can be filed again. What is the case about to advise as to what you should do in the meantime?

 

[peter]

The landlord can or cannot do this as often as he wishes... depends on the problem ....some he can some he cant if he cant then its called tenant harassment..

Did you ask for a dismissal from the judge?

What is the problem.....

Non payment...then he can...

Non primary residence once its dismissed its next to impossible to get it back on the calendar til the next renewal lease..

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by m.hart:
What happens in NYC if a landlord fails to answer the calendar call (didn't show up)? What happens to the case, is it dismissed? Can he take action again? How many times?
What must tenant do in meantime?

thanx<HR></BLOCKQUOTE>

 

[m.hart]

Thanx for replies. Here are facts of case.

Tenant month to month. Tenant received notice to vacate by June 30. Tenant requests more time and submits regular July rent. Landlord returns check to tenant and serves tenant with summons to appear in court on August 2 for eviction hearing. Tenant shows up,landlord doesn't. Case dismissed.

Can landlord do this (serve summons)ad infinitum? What can tenant expect from this point on?

Thanx again

 

[peter]

Do you have any rent regulations on your apartment? is it in a building with 6 or more units? then you have rights....

IF not...move outta there fast... a landlord CANNOT get a money judgement from you if you cant be served with papers at that address.. he can only get posession...

Go get outta there fast and you can screw the landlord outta some rent money...stay and you will have to pay all of it back ..

;;;;;;;;;;;;;;;;;;;;;

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by m.hart:
Thanx for replies. Here are facts of case.

Tenant month to month. Tenant received notice to vacate by June 30. Tenant requests more time and submits regular July rent. Landlord returns check to tenant and serves tenant with summons to appear in court on August 2 for eviction hearing. Tenant shows up,landlord doesn't. Case dismissed.

Can landlord do this (serve summons)ad infinitum? What can tenant expect from this point on?

Thanx again
<HR></BLOCKQUOTE>

 

[m.hart]

thanx again but...


I don't get it. L can force T to show up to court ad infinitum (love that word) with the danger that if T skips, judgement is for L. While L can skip court because of tee time conflict, make T squirm, miss work days, family etc. Very Kafkaesque. I'm buying a house.

 

[peter]

YES thats right, next court date, she doesnt dhow a warrant will be issued for her to vacate the apartment, a Marshall will show up and maybe give her time to move maybe not..

Remember your friend IS AT FAULT for not leaving, so boo hoo if she has to miss work, family or is throw on the street...

Just what is she working for anyway? She should be taking ALL of her vaction and sick days and be looking for a new place to live.

Sorry thats the way it is in NYC...

....................

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by m.hart:
thanx again but...


I don't get it. L can force T to show up to court ad infinitum (love that word) with the danger that if T skips, judgement is for L. While L can skip court because of tee time conflict, make T squirm, miss work days, family etc. Very Kafkaesque. I'm buying a house.<HR></BLOCKQUOTE>

 

[peter]

You still didnt tell me is it in a building with 6 or mmore apartments?

IF so it could be a rent stabilized aprtment and month to month leases are ILLEGAL....