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Posted by TenantNet on February 07, 1998 at 15:26:47:

In Reply to: URGENT! roommate situation posted by zann on February 06, 1998 at 21:39:20:

: Feb 9th is my court date, i am going to trial and i need urgent info!
I am the roommate, the primary tenant is out of town and has lost on
default, since i have been present for the past few court dates the judge
has said i am the respondent and it seems i have some rights.

Either the judge was on dope or you misunderstood. THe primary tenant has
rights of tenancy, and may lose that depending on a variety of issues. I
hope you notified the tenant of the case. The rights you have are because
you are in occupancy and they just can't change locks -- they must go
through the legal process to get you out.

:I have
extensive exhibits validating the apartment is a SHARE [primary residents
mail,voters reg, tax stuff etc etc] not a SUBLET and i plan on sticking
to that story.

Depends on why they are seeking to evict the primary tenant. Is it illegal
subletting or nonpayment or something else?

: I have requested some form of settlement from the
landlords attorney and faxed a plea to the building manager, they are
not interested though i said it could be a new lease w/ the 20% increase
which is valid in NYC.

They aren't required to give a lease to you.

They said,"no", so i said well i feel i have a
case lets go to trial...the question is "what the hell do i say in
court??"

Depedns on the nature of the case.

Ask them to show burden of proof? Get an order to show cause?
please help and explain these terms!!!

You should at least consult with an attorney. Read the court section on
the web site and figure out what it is all about.

Follow Ups:

• Re: URGENT! roommate situation zann 2/08/98 (1)
  • Re: URGENT! roommate situation William Rowen, Met Council 2/12/98 (0)

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Subject : 

Comments:
: : Feb 9th is my court date, i am going to trial and i need urgent info!  
: I am the roommate, the primary tenant is out of town and has lost on 
: default, since i have been present for the past few court dates the judge 
: has said i am the respondent and it seems i have some rights.  

: Either the judge was on dope or you misunderstood. THe primary tenant has
: rights of tenancy, and may lose that depending on a variety of issues. I
: hope you notified the tenant of the case. The rights you have are because
: you are in occupancy and they just can't change locks -- they must go
: through the legal process to get you out.

: :I have 
: extensive exhibits validating the apartment is a SHARE [primary residents 
: mail,voters reg, tax stuff etc etc] not a  SUBLET and i plan on sticking 
: to that story.

: Depends on why they are seeking to evict the primary tenant. Is it illegal
: subletting or nonpayment or something else?

: : I have requested some form of settlement from the 
: landlords attorney and faxed a plea to the building manager, they are 
: not interested though i said it could be a new lease w/ the 20% increase 
: which is valid in NYC.  

: They aren't required to give a lease to you.

: They said,"no", so i said well i feel i have a 
: case lets go to trial...the question is "what the hell do i say in 
: court??" 

: Depedns on the nature of the case.

: Ask them to show burden of proof? Get an order to show cause? 
: please help and explain these terms!!! 

: You should at least consult with an attorney. Read the court section on
: the web site and  figure out what it is all about.


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