Posted by consigliere on January 07, 2002 at 09:42:38:
In Reply to: Re: being restored to possession and seeking damages posted by Roger on January 06, 2002 at 18:20:44:
If the apartment is not regulated for the current tenant, it would be best to try to be restored to possession a few months before the new tenant's lease expires, as I wrote in my original response. This would provide minimum disruption for the current tenant, because the tenant would have to move anyway when the lease expires. Once you are restored to possession, the apartment should again be rent controlled for you.
Moving to North Carolina presents two problems. First, there are the logistics of coming to New York, especially for court appearances. Second, your damages will be less, because rent and other expenses are lower in North Carolina. The court may also question the move when you attempt to be restored to possession.
And, as your lawyer told you, you should have obtained an order to show cause as soon as you received a notice of eviction from the sheriff or marshal.
Several good attorneys advertise on TenantNet, and Met Council on Housing can also provide you with referrals. What does your lawyer say about damages and about having you restored to possesion?
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