Tricky Tenant

[webd]

What is the name of your state? New York

I had an eviction that was to be processed today. After calling into the Marshals office, I was told the eviction was put on hold being referred to APS(adult protective services: http://www.nyc.gov/html/hra/html/medical_insurance/serv_adultprotective.shtml ). Apparently they underwent a medical treatment which would require them to be bed ridden for a certain amount of time.

What bothers me is that I saw the tenant easily walking out of the home and to their car without a slight problem. The medical treatment that they supposedly underwent is one that a few of my friends have underwent. In all cases, they were unable to move without being assisted (and could barely walk properly).

I will contact our attorney as soon as possible, but would like to know more information on how this problem can be addressed. The tenant has been there months without paying rent, but I'm not only concerned with getting the tenant out, but also with the possible fraud. If in fact she is faking, I'd like to be able to refer this to some city department that would fine her.

 

[BL]

What is the name of your state? New York

I had an eviction that was to be processed today. After calling into the Marshals office, I was told the eviction was put on hold being referred to APS(adult protective services: http://www.nyc.gov/html/hra/html/medical_insurance/serv_adultprotective.shtml ). Apparently they underwent a medical treatment which would require them to be bed ridden for a certain amount of time.

What bothers me is that I saw the tenant easily walking out of the home and to their car without a slight problem. The medical treatment that they supposedly underwent is one that a few of my friends have underwent. In all cases, they were unable to move without being assisted (and could barely walk properly).

I will contact our attorney as soon as possible, but would like to know more information on how this problem can be addressed. The tenant has been there months without paying rent, but I'm not only concerned with getting the tenant out, but also with the possible fraud. If in fact she is faking, I'd like to be able to refer this to some city department that would fine her.

Maybe they are about to undergo treatment , and a move would cause hardship . Appearantly the Court seen it that way . Maybe social Services will pick up the tab for rent .

Have you called Adult protective to inquire the status ?

Anyone can say anything . All involved should have documents .

Apparently Adult Protective is involved w/ this tenant . Who is suppose to care for the tenant while bedridden ?

Have your Attorney ck. w/ Adult Protective , If they will divulged the info. That Agency may not .

 

[webd]

Maybe they are about to undergo treatment , and a move would cause hardship . Appearantly the Court seen it that way . Maybe social Services will pick up the tab for rent .

Have you called Adult protective to inquire the status ?

Anyone can say anything . All involved should have documents .

Apparently Adult Protective is involved w/ this tenant . Who is suppose to care for the tenant while bedridden ?

Have your Attorney ck. w/ Adult Protective , If they will divulged the info. That Agency may not .

Thanks for the quick reply (very quick). The medical treatment was reported to the Marshal's office to already have been done(sometime this week actually). I will call APS to check on the status on monday as the office is probably closed by now.

The first person I spoke to at the Marshals office seemed willing to help and find out if I could get a copy of the documents. When I called the second time a few hours later, I was told everything(with emphasis) has to be done through my attorney. Something to the effect that I am my attoney's client, and my attorney is their client. So it seems contacting him is my only option when it comes to them for now.

 

[BL]

Let Your Attorney handle everything including APS . Technically since you are represented by an Attorney the Marshall is correct . It all has to be handled by the Attorney . Good Luck .

Sue for the back rent . If the tenant has a Job or assets worth suing for , or is ever expected to have any .

 

[webd]

Thanks again. On a seperate but related note, after we started with the eviction proceedings, she hit us with a suit.

This is going a few months back, but she missed the first meeting before the judge, and brought the suit with her when we were to meet before the judge the second time. Apparently she was trying to use the suit to stay in the house longer as she told the judge she could not be evicted since she has that other case. The judge told her that she should seek a lawyer, but the eviction went foward until now.

The attorney we have right now is one that specializes in real estate law. Do you have any suggestions for the suit? The claims are all unfounded, but I'd rather not take any chances. If we have to get another attorney, can the fees our attorney charges us be recovered from her? Any other suggestions and information you might have would be quite helpful.

 

[You Are Guilty]

The attorney we have right now is one that specializes in real estate law. Do you have any suggestions for the suit? The claims are all unfounded, but I'd rather not take any chances. If we have to get another attorney, can the fees our attorney charges us be recovered from her? Any other suggestions and information you might have would be quite helpful.

Your current attorney ought to be able to defend against the tenant's case. Legal fees can be recovered from the tenant only if 1) you prevail in the case and 2) there is a clause in the lease permitting it. Otherwise, it's "each side pays its own way".

If you suspect fraud, photos documenting it goa long way to piss the judge off (at the tenant). Just be sure not to take any that aren't in a public place.