tenate in hold over eviction.

heavensgrace · Oct 19, 2009

I am in NYC. I live in an apartment that my landlord is evicting me from. MY landlord served me with a 30 day notice on August 29 and told me he will give me time to move. I was unable to move until i saved up enough money. My move out date is now Oct. 30 in which i will be moving out of state. The landlord was told about this. After he find out my move out date he went to file a claim with the court for hold over and the money i haven't paid him since i recieved the 30 day notice. When i talked to my landlord about me not being in the state on the court date he told me he will take one months rent which is 1000 and he will not take me to court. I agreed and we set a date to recieve the money. I told him i want it in writing. On the day he was to recieve the money he told me he can't write me a letter and to take his word he will drop the case. What do i do? I don't want to make an agreement with him and he still takes me to court for the two months i owe him. I can't afford to pay him it all now after moving my family out of state to stay with a relative.

Banned_Princess · Oct 19, 2009

heavensgrace said:
I am in NYC. I live in an apartment that my landlord is evicting me from. MY landlord served me with a 30 day notice on August 29 and told me he will give me time to move. I was unable to move until i saved up enough money. My move out date is now Oct. 30 in which i will be moving out of state. The landlord was told about this. After he find out my move out date he went to file a claim with the court for hold over and the money i haven't paid him since i recieved the 30 day notice. When i talked to my landlord about me not being in the state on the court date he told me he will take one months rent which is 1000 and he will not take me to court. I agreed and we set a date to recieve the money. I told him i want it in writing. On the day he was to recieve the money he told me he can't write me a letter and to take his word he will drop the case. What do i do? I don't want to make an agreement with him and he still takes me to court for the two months i owe him. I can't afford to pay him it all now after moving my family out of state to stay with a relative.

Get a reciept of what it is (the money), and what its for and what it covers. That will be the same thing as the letter you want.

Pay him in a check that is noted that that payment clears your debt with him. If he doesnt endorse it, you know he is suing you for the rest of the money, and you will still have the 1000.

BL · Oct 20, 2009

Any agreement out side of the lease .or in your case month to month tenancy should be in writing ,sign and dated at least by the Landlord .

Don't take his word for it and just hand over the money ,especially 1 grand .

If the LL wants the grand bad enough , the LL will comply ( upfront - before payment ) .

But say he does turn around and file suit after you move out of State .how are you going to defend yourself ?

Also , there would be nothing you can do , if the LL decides to follow through with eviction, as everything after the 30 day notice was verbal ( he said/she said ) , and the LL will certainly deny the verbal agreement.

So get the one time payment that releases you from any further liability , in writing .

tenate in hold over eviction.

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heavensgrace

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BL

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