Posted by Sonia on December 17, 2001 at 09:34:09:
In Reply to: Re: can I get it back? - IN YOUR DREAMS! posted by TenantNet on December 02, 2001 at 12:57:09:
I'm back in my apartment! The judge cited "Parkchester Apartments v. Scott" (App. Term., 1st Dept.) as presedent for his decision. Is anyone familiar with this decision? Thanks to "Tenant.net", "Lilly", "me" and others for their advice and concern. As for "Blue Z..." and "Richard" and others of this type, let us understand that such people have not found peace in their lives yet. May they find some measure of happiness soon.
: Blue Zephyr's message borders on the Richard -- hostile in tone and provides no information to potentiall help the tenant -- although he is not Richard. Even so, a reminder that this forum is to provide information, not to berate tenants for arguably doing stupid things.
: However, his conclusion may be correct. If the tenant has been evicted, there may be little to be done. We don't have enough of the facts, but if we treat it on the surface, it appears he just didn't pay the rent. His only hope then is to seek the landlord's good wishes. BUT, on the other hand, if there are other facts not known to us on this board -- sufficient for appeal or other irregularities, then the tenants should investigate housing court procedures on this web site and think about filing an Order to Show Cause for reinstatement (it can occasionally happen). But this would be very tricky and only granted under very unusual circumstances. Best thing to do, if the tenant feels there are grounds for reinstatement, is to seek advice from a good tenant attorney.
: : You're evicted. Outta there. Heave-ho. Why do you think the landlord is going to give it back to you? You are not "entitled" to an apartment, and certainly not one you don't pay for. Nice that you have the rent now - why didn't you pay it when it was due? Now you probably also owe late fees, court costs, and eviction fees.
: : Now I presume you're staying with a friend now. Why not focus on preventing this from happening in the future, rather than trying to stop what has already happened.
: : : The marshal has evicted me from my apatment on Friday for nonpayment of rent. Today is Saturday. What is my legal defence and procedure for getting it back? I can now pay total arrears plus the current month's rent. The apartment is in New York, NY; rent stabilized; written lease which is up for renewal in Feb. '02; 225+ units in coop building; built in the late 1920s. If I give the landlord this money, can he still deny me use of this apartment? Thanks in advance for any help.
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