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Posted by Mark Smith on May 11, 1999 at 21:20:00:

In Reply to: Need Answers for Court. Holdover & Security Dep for posted by Barry on May 10, 1999 at 22:57:43:

If you can move out soon, don't put in an answer and don't appear in housing court on May 17th. The landlord can get a default judgment for possession, but not for rent or use and occupancy, because the papers were not served on you personally. In that case, it's too bad that you paid April's rent. If you tender May's rent and the landlord accepts it, the holdover proceeding should be dismissed, but the landlord could start over again, terminating your tenancy as of June 30th.

But if you can't find a place quickly, put in an answer and go to housing court on May 17th. You can't be required to pay May's use and occupancy until YOU ask for and get two adjournments or until 30 days after May 17th -- which ever comes first. The judge can give you up to six months to move and the judge will also set use and occupancy for May and beyond.

By the way, how long have there been five units in the building? If there were six or more units in the building on the base date for rent stabilization, your apartment might be rent stabilized.

: I have to be in Housing Court in Brooklyn on May 17th. I got a Notice of Petition posted on my apt. door for a holdover situation. I need Answers!

: I was served Notice of Termination papers on March 17th to leave my apt. by April 30th. I'm in a mo-to-mo tenancy in Brooklyn. I had a lease for 15 years; last year, the LL retracted offer. Building has only 5 total units, so I have no protection there.

: I initially did not pay April's rent, as I decided to let the security deposit cover it. When May arrived, and I was still in the apt., I paid April's rent. But I have not paid (or offered) May's rent. I figured I would reclaim my security deposit by not paying for May. I have been packing right along, and moving things out to a storage facility (I still have a lot more to move). So the LL knows I'm moving out.

: But, being the Legal Beagle that the LL is, she wants to take me to Court, she has said, so that if I am granted a

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• Re: Need Answers for Court. Holdover & Security Dep for Mark Smith 5/13/99 (0)

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Comments:
: If you can move out soon, don't put in an answer  and don't appear in housing court on May 17th.  The landlord can get a default judgment for possession, but not for rent or use and occupancy, because the papers were not served on you personally.  In that case, it's too bad that you paid April's rent.  If you tender May's rent and the landlord accepts it, the holdover proceeding should be dismissed, but the landlord could start over again, terminating your tenancy as of June 30th.

: But if you can't find a place quickly, put in an answer and go to housing court on May 17th.  You can't be required to pay May's use and occupancy until YOU ask for and get two adjournments or until 30 days after May 17th -- which ever comes first.  The judge can give you up to six months to move and the judge will also set use and occupancy for May and beyond.

: By the way, how long have there been five units in the building?  If there were six or more units in the building on the base date for rent stabilization, your apartment might be rent stabilized.

: 
: : I have to be in Housing Court in Brooklyn on May 17th.  I got a Notice of Petition posted on my apt. door for a holdover situation.  I need Answers!

: : I was served Notice of Termination papers on March 17th to leave my apt. by April 30th.  I'm in a mo-to-mo tenancy in Brooklyn.  I had a lease for 15 years; last year, the LL retracted offer.  Building has only 5 total units, so I have no protection there.

: : I initially did not pay April's rent, as I decided to let the security deposit cover it.  When May arrived, and I was still in the apt., I paid April's rent.  But I have not paid (or offered) May's rent.  I figured I would reclaim my security deposit by not paying for May.  I have been packing right along, and moving things out to a storage facility (I still have a lot more to move).  So the LL knows I'm moving out.

: : But, being the Legal Beagle that the LL is, she wants to take me to Court, she has said, so that if I am granted a


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