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Need advice.

Postby gruggier » Mon Jul 08, 2002 3:28 pm

First off I want to say that this is a great web site, and I have learned quite a bit by reading some of the threads. I am gathering as much info so I won't end up looking and sounding like an idiot.

Any helpful advice would be great.

I live in Queens. My current lanlord has sold his home and My wife and I thought that we were going to stay on as tenants with the new landlord. At least that is what the new landload led My wife and I to believe. Then I get a knock on the door at 6:00am in the morning and someone hand me a sheet saying that the current landlord wants us out in 30 days. My wife and I call up the new landlord and ask him what's up? The new landlord says something to the effect that his sister is going to live up satairs, blah, blah, just total bullshit. Obviously he want us out for what ever the reason.

Well My wife and I feel that 30 day just isn't enough, so we plan to stay as long as possible until we find a place. The current landlord has two months of our rent or "security deposit" which we will never see, so for the month of July they have there rent. We also plan on staying in August and so on until we find someplace to live.

So far, I have contacted a lawyer an basiclly he advised that I not pay the rent, since the current landload has two months security, and sometime around in the middle of August that I will receive court papers and to send it to him, where I guess he will proceed to do what ever he is going to do. I was told that the courts in Queens are backed up for two or more months, and hopefully we would be out by that time.

Is this correct? Has any body out there experienced this delay?

Second, by reading some of the threads here on the site, I decided to get a tape recorder and hook it up to my phone, in case the landlord decided to get stupid, say something illegal, like a threat or a violent threat. At least I could take it to my lawyer.

Just got a question though about the tape. Is it illegal to record someone on the phone?

I also read on this website about getting the police involved at one point or another? When do I do that?

I am purchacing the book "Tenant Rights in New York" to get more educated on the subject so that I at least know what I am talking about.

Is there anything else that anybody can offer as far as advice? Any possible "gotchas"?

I also have a young child, and possibly another on the way, and even though I really hate to do this I have to think for my family. 30 days is just not enough and as far as I am concerned I am backed into a corner.

Again, thank you for your time and for listening and any advice would be much appreciated.
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Re: Need advice.

Postby ellerge » Mon Jul 08, 2002 3:57 pm

I am a landlord and I do not live in NY and I do not know the laws or procedures in that State BUT here are a few things you might consider. First, using the Security Deposit as the last month's rent as per your Attorney - if you were my tenant here is what I would do - take you to Court because you did not pay the last month's rent! My late charges are LARGE and, if I use an Attorney, My Lease says the tenant will pay for the Attorney. The Security Deposit, among other things, are to be used for damages to the apartment. Will the Landlord find damages?
Second, if you were given a 30 day notice, you are probably without a Lease. If the Landlord gets a Judgment against you, what will this do to your credit record when you go to buy a car, rent a house, or apply for Plastic?
Third, when you apply to get another rental in 3 years, the future Landlord will, in addition to checking your credit and evictions, talk to your present Landlord - what will he say?
Your best bet is to talk with your Landlord, be honest and frank with him and, above all, do not try to screw him!
One last thing - down here it takes a lot longer that 30 days to get soneone out. If you want to be an ass then it could take up to 3 months to get you out. You might want to talk with your Landlord and let him know that you are not going to fight him but that you will be out as soon as possible - and SHOW him what steps you are taking to find another place. Believe me, if you fight with him - you will lose!

<small>[ July 08, 2002, 04:03 PM: Message edited by: George ]</small>
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Re: Need advice.

Postby gruggier » Mon Jul 08, 2002 6:21 pm

Thanks for the reply.

Interesting things that you have taught me, but you are not from NY and don't know the NY laws, so I can only take what you say for what its worth.

There is no law in NY stating that a security deposit is mandatory. I signed no papers or documents stating that I have to pay him any type of security. Yes i am month to month. As far as I am concered he has two months rent. There is no lease so I won't have to pay his attorney or late fees.

There is no damage to this appartment, and My family and I are NOT going to destroy this place. That makes no sense.

As far as being honest with my landlord, there is no way I can trust him now. No matter what. The landlord could have come and talked to me like a man but he didn't. We also asked him to give us plenty of notice to leave and we would have found somthing else, but 30 days is still not enough.

I don't plan to leave here and rent another apt. And so what if I lose. As far as I know, at least in NY, I will have at 3 to 6 months before he gets me out of here. I will be long gone by then.

But I will take into consideration about talking to him and letting him know that I am looking for something else and taking the steps to do that. And I will let him know that I will not fight him. :roll:

But at this point I just don't trust him. Why should I. He wants me out of here for his own personal reasons. He not thinking about My young child and my wife. He's thinking about Himself. So I feel compelled to protect Myself and my family.

Thanks for the reply George. If you have any other info I would be glad to hear it.

I would like to hear from anyone in NY. Thanks.
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Re: Need advice.

Postby Brooklyn Babe » Mon Jul 08, 2002 8:32 pm

The advice the Lawyer gave you sounds right, although as I understand it, Queens is less backed up than Brooklyn. The approx. current Holdover time line for Brooklyn is as follows:
-Crt date given approx. 8 days, after LL files notice of holdover petition.
-Crt date -resolution part, where they try to have you and LL hammer out a deal. Try to enter a stipulation with your LL to leave X amount of days/month, and to have your security used towards your rent. Pretty reasonable, most LL go for it.
-Trial date approx. 20 days later, if no stipulation is reached, or if the notices were served improperly etc..
-Depending on how backed up Queens Marshals are, if the LL wins possession it could take 2-3 weeks before a Marshal notice is posted.
In regards to your credit report, depending on the future mgmt. co. you apply with, if they do a "Housing Crt search" it will show up that your LL took you to court (shows up once petition is filed regardless of outcome).
As for calling the police etc., that a applies when your LL starts making threats, cuts off utilities, changes locks or acts abusively towards you etc... Read "Illegal Eviction Procedure" on Tenant.net homepage.
You may want to speak to the Pro Se Atty. at your Housing Crt. They have can give you a more precise timeline, and advise how to negotiate your vacate date without being evicted.
Some more info.:
Post regarding Holdovers and 30 days notice

READ: City-Wide Task Force on Housing Court, Inc. Information Sheet "HOLDOVER"

Please let us know how things progress...
Best of Luck!
The above information is from a non-attorney tenant activist and is not considered or to be used as legal advice.
Brooklyn Babe
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Re: Need advice.

Postby Cranky Tenant » Tue Jul 09, 2002 6:10 am

I'm not a lawyer but, common knowledge says, taping a telephone conversation is perfectly legal, as long as one party knows the conversation is taped. You can pick up relatively cheap taping equipment at Radio Shack. The real question is whether or not those tapes are admissable as evidence in Housing Court. I believe the court generally requires formal notices and witnesses rather than tapes. And, you might still need to establish that it is in fact your LL on the tape.

When I was in court the judge routinely asked tenants in your situation how long he felt it would take them to find another place to live, so you probably don't have to worry about being out in a matter of days. Even so, I would take a bit of George's advice and try to speak to your LL before it winds up in court.

If you do wind up in court, it will become part of the public record but, LL can't damage your credit history unless he has your social security number.
I'm a cranky tenant NOT a cranky lawyer.
Cranky Tenant
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Location: Manhattan

Re: Need advice.

Postby gruggier » Fri Jul 12, 2002 10:48 am

So far I have not received any notice that my rent is late, which could be paid within three days, and the LL would have to accept it.

If and when I get the notice, I will consult my Lawyer and take the advise of what BB said in his post. More than likely it will be taken care of before we go to court. The LL lives in another state and he just sold the place. I don't think the LL is going to want to go for a long drawn out
court fight, but I could be wrong, which in any case, I will be out by then.

I understand it is the LL leagal right to give us thirty day notice, and it doesn't matter what I think is right or wrong, or long enough. My lawyer will need to take care of any legal stuff. Thats why I hired him.

I plan on not living in any more apts any time soon. The whole apt expericene for me was enough to convice me to own something. If it goes in my record so be it. The LL does not have my SS number and I don't plan on giving it to him any time soon.

As far as the security deposit, fine and no problem. The LL can take the rent out of the secuity deposit when I leave.

Maybe he will take me to small claims, but I get to stay in the apt, until I am ready to leave or until the courts say I gotta go.

I am pretty sure I will be gone by then anyway. Thanks for the info.

<small>[ July 12, 2002, 11:03 AM: Message edited by: gruggier ]</small>
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