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Question about tenant situation

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Question about tenant situation

Postby davidfriedlander » Wed Sep 28, 2011 7:45 pm

I have a friend who was living in a rent controlled apartment in which his cousin was the tenant of record. The tenant of record died about a year ago. He applied to DHCR for succession rights but was denied. He was denied on appeal as well. Meanwhile the landlord took a few months rent but then my friend stopped paying and has not paid for about 2 months. The landlord wants him out. He just served my friend with a 30 day notice.
Is there anything he can do? Is he considered a "month to month" tenant or a squatter? Does he have any defenses? Wasn't the landlord supposed to serve him with a 10 day notice to quit instead?
davidfriedlander
 
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Postby ronin » Fri Sep 30, 2011 12:02 am

Well, he isn't a squatter, he would be a licensee.

What was the reason the DHCR refused his succession? He might have been better off doing that in court on defense. This DHCR ruling may have cost him his chance to convince a judge he is entitled to succession.

As for the notices, I think they served him with the wrong notice, however, if the LL let him stay as MtM while awaiting the DHCR decision, then he would have a strong argument that your friend was MtM. You didn't give enough details to tell what is happening.

As for the not paying rent for two months... What was that about? How does not paying rent help him in any way? He has burned any good will he had with the LL, and frankly the LL could go after him for non-payment as well. From what you have written it sounds like your friend pushed the LL to evict him instead of trying to negotiate a result.
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