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Posted by Mark Smith on August 29, 1999 at 12:58:47:

In Reply to: Re: New owners want me out. posted by Mark Smith on August 29, 1999 at 12:52:07:

Possibly your only defense would be that the termination notice and/or the court papers were not served properly, although you might also say that you were not notified of the identity of the new landlord by the old landlord. You might challenge whether the new landlord really is the owner of the building. The judge could give you up to six months to move, but probably would give you less time.

You could ask for an adjournment to get a lawyer. But all of these things would just delay your inevitable eviction, and if your lease provides that you are liable for the landlord's attorneys' fees if he is successful against you, a judgment for the attorneys' fees could be entered against you. If the lease doesn't have such a provision (most do), you could appeal, and that could give you another year, but unless you can do the appeal on your own, your attorneys' fees could be very high.

Court records are public documents and various credit reporting agencies, including some that specialize in landlord-tenant cases, make that information readily available for a relatively small fee. See the New York Daily News article for more information at http://www.nydailynews.com/1999-08-08/New_York_Now/Money/a-37041.asp -- or click on the link at the end of this message. Unfortunately, part 2 didn't appear online. And TenantNet has a lot of information about landlord-tenant law and housing court on its home page.

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: Possibly your only defense would be that the termination notice and/or the court papers were not served properly, although you might also say that you were not notified of the identity of the new landlord by the old landlord. You might challenge whether the new landlord really is the owner of the building. The judge could give you up to six months to move, but probably would give you less time.

: You could ask for an adjournment to get a lawyer. But all of these things would just delay your inevitable eviction, and if your lease provides that you are liable for the landlord's attorneys' fees if he is successful against you, a judgment for the attorneys' fees could be entered against you. If the lease doesn't have such a provision (most do), you could appeal, and that could give you another year, but unless you can do the appeal on your own, your attorneys' fees could be very high.

: Court records are public documents and various credit reporting agencies, including some that specialize in landlord-tenant cases, make that information readily available for a relatively small fee. See the New York Daily News article for more information at http://www.nydailynews.com/1999-08-08/New_York_Now/Money/a-37041.asp -- or click on the link at the end of this message. Unfortunately, part 2 didn't appear online. And TenantNet has a lot of information about landlord-tenant law and housing court on its home page.


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