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Problems in New Rochelle

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Problems in New Rochelle

Postby DA341134 » Fri Jan 01, 2010 8:14 pm

Hello. I moved into the Avalon on the Sound Easy Building in New Rochelle in October of 2008. I had a great job, had no problems with making rent and everything was great until October 2009. I got laid off from my job.

I called the Main Avalon office to let them know that things will be rough for a while and I may be late in making payments. They were not to sympathetic.

I quickly fell behind in rent. But paid when I could. Avalon pounded me with late fees and then a got a notice from a lawyer, and the charged me legal fees of $350 for that. I was able to pay enough to have to not go to court.

Still not fining work I got another notice to go to Court, this time I did and they wanted me to have everything paid by December 31st, or they said the eviction process will start. They are also charging me more legal fees of over $1000 for the Court appearence. My lease expires on January 17th.

I still don't have the money as I have been unable to find a job yet. With late fees and legal fees I do owe over $3,000. ANd am still job hunting everyday.

I am not sure where I can go, how long will it take them to actually evict me? My lease expires on January 17th, can I be forced out on that date?

How much time do I really have?

How does the eviction process work?

Any help is appreciated,

DA
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Postby TenantNet » Fri Jan 01, 2010 9:37 pm

First, spend some time to learn your rights and obligations.

The legal fees appear bogus. We've talked about this MANY times on this forum. This is a favorite LL intimidation tactic. Legal fees can only be awarded by the court, not the LL's lawyer. Legal fees also depend on whether you have the legal fees clause in your lease. Most leases have it, but check. The leases appear one-sided, but generally (at least in NYC, not sure about Westchester) the fees clause works both ways even if it doesn't say so. That means the fees go to the "prevailing party" (usually after a trial) and that could be that the LL owes YOU legal fees (if you have a lawyer of course).

Late fees depend on what's reasonable and what's in your lease. Don't let them pull a fast one. I think there's a thread on late fees in the forum's reference section.

If you've been to court, the eviction process has already started.

If you can't pay the rent (aside from the apparent bogus legal fees), they will get you out. Do you know if you're rent regulated (or should be regulated?)
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Postby DA341134 » Fri Jan 01, 2010 10:04 pm

Thank You for writing me back. I am certain this place is not regulated. It's one of the Avalon Complexes.

The paperwork I have from Court says "Stiplulation Of Settlement". But I dont have the money, not even close.

Do you know what can happen next?

Again, I appreciate your time,

DA
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Postby TenantNet » Fri Jan 01, 2010 10:25 pm

Why should we know what the Avalon Complex(es) is?

You signed a stip of settlement? Is it "so ordered" by a judge? Did the judge explain what it means? Why would you even sign such a thing without some expert advice (I'm assuming you haven't talked to any tenant lawyers). Does the stip contain any words that final judgment is in favor of the plaintiff (landlord)? Does it say anything about legal fees?

I can't speculate without seeing the document, but it sounds as if you signed your own fate. Some stips can be rescinded if you did not have a lawyer, but you would need some expert advice on how to do that. You might want to do that to context legal fees (if the stip provides for them) even if your tenancy isn't hopeful. If you can't save your tenancy, think of an exit strategy, i.e., time and no legal/late fees. Does the LL want to squeeze you, or want you out? You could fight to get more time and/or better terms.
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Postby DA341134 » Fri Jan 01, 2010 10:43 pm

I'm sorry I thought Avalon was a pretty common name in Apartments as they have so many.

It was my first time ever in court, I was nervous. The judge told me to go with the Avalon Lawyer outside the court room and he gave me this paper to sign.

I certainly didnt mean to sign my own fate. How can I stall for time? If I need a lawyer, that will cost money too.

It seems Avalon has added the legal fees to my total rent due on my account.

I may be able to pay actual rent, but not late fees nor legal fees. As I said my lease expires on Jan 17th.

I am just trying to get an understanding of how much time i really have.
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Postby TenantNet » Fri Jan 01, 2010 10:56 pm

You didn't answer all the questions I posed earlier. Please post the text of the stip (or send it by private mail) and take out identifying details, all names, address, etc. Just the wording.
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Postby DA341134 » Fri Jan 01, 2010 11:22 pm

I will have to scan it and email it to you tomorrow. I appreciate your responding.

DA
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Postby DA341134 » Sun Jan 03, 2010 11:49 am

Hello,

I am hoping to get the document scanned today. It looks like I did this:
http://www.tenant.net/Court/Howcourt/stip.html

I had no idea. I should not have signed it. I have been a mess since lossing my job, I am on medication for severe desppression. I am sure I am not hitnking straight.

DA
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Joined: Fri Jan 01, 2010 8:09 pm


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