NY: EVICTION DAY IN COURT!!!

[Avery]

Here goes, my husband and I are "normal" people. We pay taxes, work hard, you know the drill. Now, because of major problems around closing on our first home(nothing to do with us, poop rolls down hill as they say) we find ourself still at our apartment, AFTER we told our landlord we would try our hardest to be out Oct 1, 2000. We kept him up to date on all the crazyness with the house, moved everything to a storage unit and even stopped our mail for a quick exit when the closing goes through. (The closing is set for this Friday) Until just a day or two before Oct 1, 2000 he was really understanding, left us a long message to do "the best we could, these things happen".
We have been invisible tenants, pay $1,100 a month and don't get freaked when things take forever to fix. SO, in 11 days he has gone totally the other way, calling and threatening to sue us for "tens of" thousands of dollars because, as he put it, "he's a man of considerable money" and doesn't mind holding it up in court fees. We mailed October's rent which he returned and today we were served with eviction papers. We never planned on staying a day here without paying, and he is holding two month's security. Tuesday we have to go to court and I have no idea what to expect. Our lease ends OCTOBER 31, 2000 BUT we had a verbal agreement. The eviction says we are in voilation of NY State Real Propert 711-1. We don't want to screw this man but we also don't want to rack up legal fees and expenses plus lose our security. What can we expect to happen in court? How can I best prepare? Please help!!!!! Thanks!

 

[Tracey]

So, your lease ends of its own accord in 2.5 weeks, you paid this month's rent in full & on time, & L rejected your rent check & then tried to evict you? What cheek! Take a copy of the check you sent & the envelope you sent it in and/or the one he returned it in, if you've still got them. Take a lawyer with you to court, & ask for sanctions against L for filing a meritless lawsuit, and for costs & attorney's fees. Be sure to let the judge know what L said about suing you just to tie you up in court out of spite. L acted in bad faith when he returned your rent check and turned around & tried to evict you. The judge should nail him to the wall.

The only claim I can see L having is if L had a new tenant lined up to move in 10/1 & has either lost the lease or been paying to put the tenant up in a hotel. If he says this, make him produce a signed lease stating it starts on 10/1. Your defense is that the agreement to let you move out early was oral & not in writing, so it's not enforceable against you. Read the lease -- see that paragraph about how you can only make changes in writing? That's the one you need to cite.

It sounds like L has declared you to be a hold over tenant. However, you only promised to try to be out early, presumably to allow L to repaint or to move a new tenant in earlier & credit you for the rent he collects in October. This is not a promise that you'll be gone by then, nor is it a wrongful termination of the lease. You are allowed to rent an apt & leave it empty if you pay the rent. L cannot reasonably rely on your statement to say you should pay damages just 'cause he jumped the gun & tried to rent an apt that was leased to you.


Be sure to look up the law the complaint cited to see if you really fall into that classification. You might get the case dismissed right there.

Good luck!

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected] - please include some facts so I know who you are!

[This message has been edited by Tracey (edited October 12, 2000).]