New York City. We have a tenant in the process of a holdover case. We served her on 10/31/2023 and she was given until 01/30/2024 to vacate. She did not vacate, but paid for some back rent she owed and use of property since then. We are not asking or suing her for any money owed and/or damages until the holdover is resolved.
At the last court hearing, free tenant lawyers were roaming the halls of the courthouse, offering assistance to tenants, which she jumped on. I should note that the first hearing was by Zoom, and set up by the court for tenants to offer them free attorneys, landlords were asked not to speak or comment. At the first in-person hearing, she asked for a continuance to get a lawyer, despite having almost 2 months to obtain one.
Now she has counsel, they are starting with stall tactics. First citing an incorrect date of service and she was shorted one day (89 instead of 90). They are also saying there is no standing as owner to serve her without proof of ownership etc. We have the process server going to court to testify on service date along with the original affidavit, and have a certified deed for proof of ownership - not sure what other stall tactics are looming ahead.
However, I came across something from another landlord, who states that if a tenant is not paying, deliberately withholding rent, and defaulting on payments the landlord or rep can have that declared as income on them. Apparently, credit card companies do this. I have never heard of that, and wonder if anyone had heard of this?
She refuses as she says it's too expensive to move and she can't afford the going rates of rentals in the area. She doesn't qualify for rental assistance, we tried working with her for a year (kept getting denied) although she somehow qualifies for free lawyers.
I am hoping the this could be an option to send a message to her and other tenants who are playing the system.
At the last court hearing, free tenant lawyers were roaming the halls of the courthouse, offering assistance to tenants, which she jumped on. I should note that the first hearing was by Zoom, and set up by the court for tenants to offer them free attorneys, landlords were asked not to speak or comment. At the first in-person hearing, she asked for a continuance to get a lawyer, despite having almost 2 months to obtain one.
Now she has counsel, they are starting with stall tactics. First citing an incorrect date of service and she was shorted one day (89 instead of 90). They are also saying there is no standing as owner to serve her without proof of ownership etc. We have the process server going to court to testify on service date along with the original affidavit, and have a certified deed for proof of ownership - not sure what other stall tactics are looming ahead.
However, I came across something from another landlord, who states that if a tenant is not paying, deliberately withholding rent, and defaulting on payments the landlord or rep can have that declared as income on them. Apparently, credit card companies do this. I have never heard of that, and wonder if anyone had heard of this?
She refuses as she says it's too expensive to move and she can't afford the going rates of rentals in the area. She doesn't qualify for rental assistance, we tried working with her for a year (kept getting denied) although she somehow qualifies for free lawyers.
I am hoping the this could be an option to send a message to her and other tenants who are playing the system.
