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Attorney2
Attorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 6549
Experience:  29 years of experience in Landlord Tenant Law.
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Please look at previous question. Building's lawyers told

Customer Question

Please look at previous question. Building's lawyers told daughter. Executor of Estate, that if I am not out by today, they will charge her double the mother's rent, which was $2100, and their legal fees. I asked her to send copy of what she signed in termination lease. She didn't. But she said that she would return a vacant apt with me out. If she wasn't the tenant on the lease, how could they make her responsible for double the rent? I am not going to a shelter and I could even go on job interview and I can't leave apt! She hates me now and does public relations. She could destroy many relationships I have. Her sister sent me the most vile text last night.
Building should have given me back the apt when I had the money in court. They didn't want to accept it also because of elevator lawsuit I have against them in building.
Submitted: 8 days ago.
Category: Landlord-Tenant
Expert:  Attorney2 replied 8 days ago.

Welcome to JA and thank you for your question. I will be the Attorney that will be assisting you.

Expert:  Attorney2 replied 8 days ago.

I am sorry I do not see a previous question. Would it be possible for you to provide a brief summary of the earlier discussion?

Customer: replied 8 days ago.
I was in sn elevator accident in the building 4 yrs ago. In a lawsuit. Had trouble at times paying rent but would get money. Evicted me, very corrupt judge (racketeering charges) and had all the money from friends but wouldn't take it. I didn't appeal cause I was told they could keep my money and not give me back apt.
Older lady in my building in bldg needed help I knew for years. She died april, 2017. Daughter, Executor of Estate signed termination agreement for today, June 15. I have tried to find roommate situation fervently. I am 62, have to have bladder cancer checked and left shoulder, broken elbow and hand injuries. Working with different gov't agencies too.I am a dental hygienist by profession. Had to call 911 when apt cleaned out because horrendous bldg manager threatened to stay with me in apt or come and go as he pleases till I leave. I have been working with Community Relatoons officer in precinct and he knows how I have been looking for an apt. Unfortunately PO who came called me a squatter and Treated me with disdain. Bldg doesn't know I paid daughter almost whole rent, in cash, for May. Bldg lawyers said she will have to pay their legal fees to get me out and pay for double the stabilized rent for mother's apt. Mother died. How is that legal? Also, doorman called me after 12:00 today and did I want to see postal lady because building is changing locks on mailbox tomorrow. How will I know when I will be served? Daughter and I were friends and that's gone. Termination of lease agreement she signed said she will return apt with me gone. Her mother was on lease, not her! Her sister, from Wyoming, also had neck lift which I took care of her. OMG! She just sent me a text she is at her lawyer's office and Has to pay $4000 for double rent and fees. She is going to tell everyone what I did! I am sick about this!
Expert:  Attorney2 replied 8 days ago.

Thank you for the clarification. Which State is this occurring in?

Customer: replied 8 days ago.
MAnhattan, NYC. She said she will tell everyone what I did in a text. I feel as though I will have a heart attack.
Expert:  Attorney2 replied 8 days ago.

Please do not have a heart attack We will work through this. When you renting a property the landlord cannot change the locks or evict you from the property without a court order. Did you ever get any notice of a court order?

Expert:  Attorney2 replied 8 days ago.

"The only way a landlord can legally evict a tenant is by successfully winning an eviction lawsuit in court. It is illegal for a landlord to attempt to remove a tenant from a rental unit through any other means, such as changing the locks on the doors or shutting off the utilities to the rental unit. This type of action is often referred to as a “self-help” eviction, and if the landlord attempts this, the tenant can sue the landlord for damages (see N.Y. Real Prop. Law § § 235 and 853). http://www.nolo.com/legal-encyclopedia/eviction-notices-nonpayment-rent-new-york.html

Expert:  Attorney2 replied 8 days ago.

You can call the police. Have you already contacted the police? What they are doing is illegal.

Expert:  Attorney2 replied 8 days ago.
Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you. If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out. Thank you for your consideration. Thank you for using JA! We appreciate your business.
Customer: replied 8 days ago.
I asked you a specific question about daughter's financial responsibility regard to termination of lease.
Expert:  Attorney2 replied 8 days ago.

My apologies you provided a great deal of information. Can you tell me if what I placed in bold and underlined is your specific question? If not please let me know where in your question I missed answering.

"Daughter, Executor of Estate signed termination agreement for today, June 15. I have tried to find roommate situation fervently. I am 62, have to have bladder cancer checked and left shoulder, broken elbow and hand injuries. Working with different gov't agencies too.I am a dental hygienist by profession. Had to call 911 when apt cleaned out because horrendous bldg manager threatened to stay with me in apt or come and go as he pleases till I leave. I have been working with Community Relatoons officer in precinct and he knows how I have been looking for an apt. Unfortunately PO who came called me a squatter and Treated me with disdain. Bldg doesn't know I paid daughter almost whole rent, in cash, for May. Bldg lawyers said she will have to pay their legal fees to get me out and pay for double the stabilized rent for mother's apt. Mother died. How is that legal? Also, doorman called me after 12:00 today and did I want to see postal lady because building is changing locks on mailbox tomorrow. How will I know when I will be served? Daughter and I were friends and that's gone. Termination of lease agreement she signed said she will return apt with me gone. Her mother was on lease, not her! Her sister, from Wyoming, also had neck lift which I took care of her. OMG! She just sent me a text she is at her lawyer's office and Has to pay $4000 for double rent and fees. She is going to tell everyone what I did! I am sick about this!"

Customer: replied 8 days ago.
Also bldg changing locks on mailbox tomorrow, can they do that?
I asked daughter to send me copy of termination of lease agreement, she didn't.
Expert:  Attorney2 replied 8 days ago.

No that is an illegal lock out as I stated above.

Customer: replied 8 days ago.
Why does daughter have to pay for double rent if mother died? Isn't bldg's responsibility to get me out?
Expert:  Attorney2 replied 8 days ago.

This type of action MUST go through court. Was a court case ever filed and if so did you receive proper notice?

Expert:  Attorney2 replied 8 days ago.

Whose name was on the lease as the tenant with the building?

Customer: replied 8 days ago.
No, not yet! Can bldg change lick on mailbox tomorrow?
Why does daughter have to pay $4000, double rent, and bkdg's legal fees? Can she sue me? OMG
I have not been served yet! Today is day I was supposed to be out of here?
Are u reading my story thoroughly?
Expert:  Attorney2 replied 8 days ago.

Yes, I am reading your responses and have been answering your questions. You may not be seeing my responses.

The daughter would have to pay if her mother was the named tenant on the lease. Did you see my question where I asked Who was the named tenant on the lease with the building?

If you are not a named tenant the building would sue the tenant or the estate of the tenant.

I do not see that she has a successful suit against you based on the information you provided.

Customer: replied 8 days ago.
Her mother was on lease only. So daughter is responsible because I didn't get out today?
Expert:  Attorney2 replied 8 days ago.

Exactly.

Expert:  Attorney2 replied 8 days ago.

Can I provide you with a link for local attorneys that provide FREE consultations to assist you directly?

Expert:  Attorney2 replied 8 days ago.

This is a link for Attorneys that provide FREE consultations http://lawyers.findlaw.com/lawyer/firm/landlord-tenant/manhattan/new-york

This is a link for legal aid and pro bono Attorneys https://www.probono.net/ny/housing/

The Attorneys on the site do not receive credit for our work or time if the customer does not rate our service positively. Thank you for using JA. We appreciate your business.

Expert:  Attorney2 replied 6 days ago.

I wanted to follow up with you to see if you had any additional questions for me?

Customer: replied 2 day ago.
Got served Monday, 2 days ago, 4 copies pasted to the door. It said daughter, Executor of mother's estate, (mother on lease only now deceased) was evicting me. Building's lawyers stamped on it. They did not serve.me with Predicate notice whether 10 day or 30 day notice of termination, just Holdover Petition. Doorman told me super of building changing mailbox lock.will hold mail 10 days at post office, FDR Station. Got P.O. Box yesterday. Have to go to court and answer. Anything I should say or write exactly? Can judge order eviction immediately?
Customer: replied 2 day ago.
I also have cancer and was in elevator accident in bldg. Why is daughter serving me, not the building? Building making daughter pay for legal fees!
Expert:  Attorney2 replied 2 day ago.

The daughter as Executor stepped into the shoes of the person you were staying property with? I thought we discussed this above. Let me see if I can copy and past the discussion. One moment please.

Expert:  Attorney2 replied 2 day ago.

"The only way a landlord can legally evict a tenant is by successfully winning an eviction lawsuit in court. It is illegal for a landlord to attempt to remove a tenant from a rental unit through any other means, such as changing the locks on the doors or shutting off the utilities to the rental unit. This type of action is often referred to as a “self-help” eviction, and if the landlord attempts this, the tenant can sue the landlord for damages (see N.Y. Real Prop. Law § § 235 and 853). http://www.nolo.com/legal-encyclopedia/eviction-notices-nonpayment-rent-new-york.html

"The daughter would have to pay if her mother was the named tenant on the lease. Did you see my question where I asked Who was the named tenant on the lease with the building?" You were in the property based on your agreement with the mother.

You were a tenant of the named tenant. The building only had a lease with the tenant therefore the daughter is the proper party to evict you. She cannot changes locks she must go through the court process. The building on the other hand has no agreement with you and the daughter would be the proper party to evict.

Expert:  Attorney2 replied 2 day ago.

You stated:

"Her mother was on lease only. So daughter is responsible because I didn't get out today?

15 Jun 2017, 1:07 PM

Me

Exactly."

Expert:  Attorney2 replied 2 day ago.

This must go through the court unless you leave based on the notice.

Did you contact any of the local Attorneys I provided for you above?

Customer: replied 2 day ago.
No, not yet. Also, mailbox lock supposedly changed by super. Daughter is freaking out and I am trying to get out of this apt as fast as I can, not easy. Gov't agencies trying to help me too. Also diffucult when not well.
Expert:  Attorney2 replied 2 day ago.

I understand and I have been working with you at length on this question. Questions timeout. I would be happy to continue with your follow up questions if you would be kind enough to rate my service positively.

The Super can change the mailbox as you have no lease with the building. Contact the post office and explain the situation. The "daughter is freaking out" because the estate owes money until the unit is no longer occupied. There needs to be a court date and at that time you can explain the situation to the court. You can only be forced to move after the court orders your removal. Therefore, do your best but realize you have time and you are entitled to your day in court.

Customer: replied 2 day ago.
The court date id June 27th. As said before no predicate notice for 10 or 30 days. What's it called, Notice to Quit? Just served Holdover Petition. Seeing a roommate situation tomorrow. I believe I told you I had to call 911 last week when movers came. Building manager threatened to move in with me till I left or just come and go as he pleases since he had key from daughter. What an ugly situation.
Expert:  Attorney2 replied 2 day ago.

And as I stated that would be illegal. You are entitled to your day in court. Please contact one of the FREE consultations Attorneys I provided above.

Expert:  Attorney2 replied 2 day ago.

I am providing the links again.

This is a link for Attorneys that provide FREE consultations http://lawyers.findlaw.com/lawyer/firm/landlord-tenant/manhattan/new-york

This is a link for legal aid and pro bono Attorneys https://www.probono.net/ny/housing/

You can also contact the media and law enforcement as it is illegal to remove you without a court order.

If you would be kind enough to rate my service positively so I will receive credit from the site for my work and time I would appreciate it. A positive rating has not impact on your ability to obtain a refund.

Thank you for using JA! We appreciate your business.

Customer: replied 2 day ago.
How long does Judge usually allow?
Expert:  Attorney2 replied 2 day ago.

The Judge bases this on your ability to move. Thank you.

Customer: replied 2 day ago.
Daughter came in with the keys to the apt and said she was looking for her mother's hat or cable bill? Mother's phone not on, off days ago. She yelled at me for causing her problems and didn't believe me when I said I have been answering ads for apts. I think she was spying on me on behalf of building manager. Crazy!
Expert:  Attorney2 replied 2 day ago.

If you would be kind enough to rate my service we can continue. Are you still online with me?

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