Posted by MikeW on June 25, 2001 at 17:10:12:
In Reply to: My landlord wants my apartment owner occupied posted by Joan on June 22, 2001 at 14:18:32:
1). The LL is trying to intimidate you;
2). He does have some legal claim to the apartment, but you can put up a hell of a fight, if you're up to it.
I would invest a couple of hundred bucks in a lawyer. I don't know what you're financial situation is, but it would probably be a lot worse if you lost the apartment. Having a lawyer send the LL a letter does two things:
1). It shows the LL that he will be made to stick to the letter of the law, that it will take significant time and money to get rid of you, and he will have a hard time getting away with any kind of shenannigans.
2). It shows the LL that you're serious about fighting for the apartment.
This may be enough to get the LL to back off.
Even if the LL is serious about getting the apartment back for his own use, and is willing to fight for it, the lawyer can probably negotiate a better settlement.
: I receieved the following letter from my landlord, I have been living in a rent stabilised apartment in the East Village of Manhatten for 10 years and now my landlord wants my place, WHAT CAN I DO???
: I can't afford to move anywhere else, help!!
: THE LETTER:
: "We recently offered you a ten thousand dollar settlement to vacate your apartment.
: However, you failed to respond to the enquiry which we assumed meant that you were not interested in a ten thousand dollar settlement to vacate the apartment. Unfortunately, the offer was meant as a courtesy, to you, to avoid any future problems.
: As the owner of XXXXXXXXXXXX I have the legal right to occupy one or two of the apartments. This is referred to as “owner occupied”. I am informing you as of now that it is my intention to occupy your apartment as an owner occupied tenant.
: There are two ways that you can proceed in surrendering the apartment, one way is that I will file with DHCR to occupy the apartment. You can then make a claim in housing court and try and fight my owner occupancy claim, however, my right to occupy the apartment will be almost certainly granted. There will be court costs, time and energy spent. So instead of leaving the apartment with extra money in your pocket you will be leaving with less money.
: Another way of handling this is by accepting an offer of five thousand dollars to vacate the premises, and signing an agreement giving up your rights to the apartment.
: Please understand that I own only one apartment building, I am by no means a wealthy real estate tycoon. One of the reasons for buying this property was to help support my family and myself giving us a place to live in New York. It is not my intention to be a ruthless uncaring landlord, my needs and my families needs must come first. We do after all own the building, were as you simply rent.
: I suggest that you refer this matter to a tenant lawyer and find out what your rights are. I do have the right to file for “Owner Occupancy” without paying one cent in compensation to the tenant. Nor will my lawyer charge me five thousand dollars to handle this matter. The offer is purely a courtesy for the inconvenience of you having to leave the apartment."
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