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socrateaser
socrateaser, Attorney
Category: Landlord-Tenant
Satisfied Customers: 38271
Experience:  Retired (mostly)
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NYC L&T Court In 2010 i was in L&T Court,evicting two non

Customer Question

NYC L&T Court In 2010 i was in L&T Court,evicting two non paying tenant,a family member who did not want the tenant to be evicted nor did they want them to move to their house,the family member agreed to become the third party to keep them in my building.A agreement was reached and approved by the housing court judge that she(family member)
would pay the rent if they fail to pay it.today the tenant is eight months in the arrears,the family member has instructed the tenants to not pay the rent and await to be evicted and to keep the rent for the new apt.The third party was told in court in 2010 that she would be responsible for the rent,the tenant did not move and i believe that the agreement still stand years later Am i right ? The third party is also a landlord. Billie Cowart
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  socrateaser replied 1 year ago.

Hello,

I'm not certain as to whether or not your agreement was approved by the court, and filed in the court records, so that it could be enforced by the court, rather than by civil action for breach of contract. If "yes," then you can use the agreement as grounds to enforce the original eviction. If no, then you would have to bring a new eviction action, and use the agreement as the terms and conditions of the new lease, which is in breach for nonpayment.

The difference between the two procedures matters, because in the former you don't need to provide notice to quit, or file and serve a new summons and complaint. You would simply file a motion for a writ of restitution, using the previous case number. In the latter circumstance, it would be an entirely new landlord-tenant action, and you would have to effectively start from scratch.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

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