Tenant of Record

[pcv1107]

My fiance`e has been living in her apartment for 31 years but the landlord says that she is not the tenant of record because her husband is the only signer on the lease. However, the landlord served her papers, in her name, saying that she is in violation of her lease due to an illegal washing machine. After taking her to court they admitted that they never had a lease because the building was taken over in receivership.

My 2 concerns are: 1) Can they take her to court, or even serve her papers, since she is not the tenant of record?
2) They said she was in violation of her lease in order to initiate a proceeding and then admitted they never had her lease.

What legal recourse does she have? Please advise as soon as possible because she has another court date.

Thanking you in advance,
PCV

 

[mary hartman]

what state city?

YES they can take her to court, and unless you live in certain cities in CA or NYCity she has no renewal rights so they can kick her out.

Was the washer permenantly installed? and without a lease how can she violate it?

 

[pcv1107]

I'm sorry, she does live in NYC and can definitely renew her lease. I did ask that if they don't have her lease how can she be in violation. My question was if she had legal recourse since she is being taken to court and she is not the tenant of record.
Thanks anyway, I know it is complicated because it seems that the judge doesn't even know what to do.

 

[mary hartman]

No its not that complicated.......is she a rent controlled tenant? .... 6 or more apartments and she lived there before june 30,1971....so she is entitled to a renewal.

If she was married at the time of death, then it could be transferred to her.. she might have sucession rights

Also when was the washer installed..? did the previous landlord know about it?

Now for the tenant of record, is she a rent controlled tenant? how many apartments in her building?

If it is a PRIVATE home, then the new landlord can evict her, if it is a apartment building, and it has less the 6 apartments......she can also be evicted becuse rent control?stabilization does not cover 5 or less aparments.

BUT hold on.....did the landlord illegaly convert any of the apartments?

Yes it is complicated so you have to give more details,

Remember the landlord wants her out so he can triple the rent so you have to spend time in searching ALL THE DETAILS, OR ELSE pay a lawyer $200 an hour to do it.

So can you take some time off from work and go to DHCR and investigate your finaces living situation? And to the buildings dept to find out the lagality of the apartment?

If not then start packin and let the landlord make TENS of thosnads of dollars off of you.

[Edited by mary hartman on 04-15-2001 at 11:23 PM]

 

[pcv1107]

I appreciate all of your correspondence regarding this matter. Her husband is still alive and in NY she definitely has succession rights. Originally, 31 years ago, he put the lease in his name, only, and they have been separated since 1994. You are definitely correct as far as the rent being triple.
All I am trying to find out if the landlord can be sued civilly for taking her to court when she is not the tenant of record? They even sent her a letter,in the past,saying that she is not the tenant of record and they would only speak to her husband. However, all court papers were served to her only. They even sent another letter to her husband in his name only, after the court papers. As far as the washer she had permission from the original landlord 31 years ago. The present landlord took her to court saying that she was in violation of her lease and they cannot produce it. The burden of proof is on the plaintiff, not on the respondent. It seems that this can be a malicious prosecution. They even produced a forged lease from 1973 and her and her husband have been rent stabilized tenants since 1970. Her husband even said it is not his signature.

Thanks,
PCV

 

[dj1]

I hate to say this BUT just get used to this.......

Untill we are in a recession, the landlord can and will sue for any minor infraction to evict...

The stakes are WAY TOO HIGH for the landlord NOT to sue!

Thats why your finace should have PLENTY of money saved from 31 years of cheap rent to pay lawyers for just such an event.

This is how the lanlord/ tenant system works here in the big apple.

Once your finace wins this one...since they have no lease, NEXT will be an owner occupancy eviction.....or a non primary residence eviction..especially if you MARRY....

They will not renew the lease on grounds the owner or his family wants and NEEDS the apartment...OR that the NYC apartment is NOT YOUR PRIMARY RESIDENCE since you have other places to live....so unless you sell your other properties, or make it very obvious you live in NYC, then you will be back in court, and this time it will cost you some serious money, so save your pennies, and dont blow it on a BIG wedding or a honeymoon!!!!!

[Edited by dj1 on 04-16-2001 at 01:23 AM]