Posted by satori on March 12, 1999 at 22:05:58:
In Reply to: Re: eviction tenant rights posted by DK on March 11, 1999 at 10:19:57:
It took my landlord two months to serve me. I was never home.you could just never
be around to take the summons.I always read cases were tenants usually get
around 6 months to move when the landlord drags them into court.
for example, i can think of ways to get maybe two weeks extension on a
notice to move summons. .Tell the jugde you need to hire a lawyer, that
you need time to try and find one, they always grant that. Tell them
the situation you don't have any were to go, they grant you time to
find another place to live , i read some cases the jugge will give them
6 months. If your sick, and have a medical reason you can get and extension.
Sometimes the landlord makes it up that he really wants to live there, thats another
possible counterclaim.Try going to some housing advocacy groups. going
to housing conferences, that was helpful to me as my landlord tryed to evict me.
: Are you rent stablized? It makes a big difference. Generally, if there are less than six apartments you are not subject to stabilization.
: If your apartment is not subject to stabilization and there is no written lease, you probably have a month-to-month tenancy. The law requires that you be formally served with written notice of termination of the month-to-month tenancy at least 30 days before the termination date. If you do not move out by the termination date, the landlord must sue you in Housing Court in order to obtain a warrant of eviction. The landlord cannot lock you out.
: If the apartment is subject to rent stabilization, the landlord may only serve a termination notice for one of the reasons specified in the Rent Stabilization Code, which you can find on the tenant.net website. Look at section 2524, particularly section 2524.3.
: : I am living in Queens and today (3/10/99) was notified on the phone by my landlord that he needs my apartment as his primary dwelling by 5/1/99. I have no lease, but have lived here for 6 years and began paying a rent increase 2 months ago. I would like to know the following. Any insight would be helpful. 1) what are my rights? 2) I was told by a friend he may be responsible for paying my moving bills. Is this true? 3) Am I entitled to anything else? 4) Is there a legal way to extend my moving date-I am a student currently in the middle of midterm exams and no time to house hunt without risking my grades. I'm looking for an extra month or two 5)I installed an extensive alarm system-how do I recoop my financial investment? 6) Is there anything else I need to know??? Thank you in advance for any input.
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