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Eviction Question

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Eviction Question

Postby Don31 » Wed Oct 05, 2016 11:03 am

I am being threatened with eviction in Brooklyn. In addition to losing the apartment, the landlord is saying he will sue me to recover back rent. is this typical? i thought losing the apartment would end it.
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Re: Eviction Question

Postby TenantNet » Wed Oct 05, 2016 12:16 pm

Assuming you are not rent-stabilized, the LL may sue to evict you a) at the end of the lease if you continue without a new lease, and the LL is not accepting rent that would make you a month-to-month tenant, b) if the lease is still active and you haven't paid rent, or c) if the lease is still active and you are doing something that violates the lease or creates a nuisance.

Your question had no particulars, so I can only respond generally.

If the reason the LL is seeking to evict you is that you owe back rent, then yes, the LL can seek a judgment for the back rent as part of any non-payment lawsuit.

And if you just move out with the lease having some time to go, unless the LL gives you a written release, he can come after you for the rent for the months until the end of the lease even if you are no longer there. Remember, a lease is a contract and you agree in that contract to pay the rent for the term of the lease.

That's not to say you don't have some rights, but that would likely depend on the particulars of the case. You might have reasons for not paying rent, i.e., bad conditions.
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Re: Eviction Question

Postby Don31 » Wed Oct 05, 2016 12:26 pm

Thanks for the quick reply, sorry for being vague. I'm not rent stabilized and its for non-payment of rent. LL has a legit case (nonpayment is due to marital separation, etc.), which I'm not disputing. I'm just wondering if he can come after me for the 2.5 months rent I currently owe.

Does there need to be a clause in the lease to allow him to do this?

Thanks again
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Re: Eviction Question

Postby TenantNet » Wed Oct 05, 2016 12:53 pm

Nope, he needs to give you a 3-day demand letter, then he can commence a proceeding in housing court.

If you plan on moving out, you might try to negotiate with him for lower rent and/or quicker move-out.

If there's a chance the unit might actually be rent stab (or should be despite the LL's claims, then it might behoove you into looking into that. You can even file a complaint with DHCR claiming stabilization status and use that as a defense in the court proceeding.

You should get a rent history and see if/why the unit was deregulated, and if so, was it done legally.
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Re: Eviction Question

Postby Don31 » Wed Oct 05, 2016 1:42 pm

This is great info, thanks so much! I'm sorry for being stupid about such matters.....

How do I obtain a rent history? I went to DHCR's website and found out that the building is regulated, but what about my specific unit? Its my understanding that if the previous tenant was rent controlled, I can file a Fair Market Rent Appeal? I was paying $2,100 for a really small 3-room unit
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Re: Eviction Question

Postby TenantNet » Wed Oct 05, 2016 2:13 pm

There are no regulated buildings. Apartments may be regulated, but not entire buildings. What you saw means that there is at least one unit in the building that's regulated. You can FOIL DHCR for a rent history. Or see http://www.nyshcr.org/Rent/factsheets/orafac26.pdf

Also ask neighbors to see what they know about prior tenants, if they were RS or RC.

I would do this ASAP as the LL is making noise.
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Re: Eviction Question

Postby Don31 » Wed Oct 05, 2016 5:11 pm

This is great stuff, thanks very much!
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