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recieved notice of appearance and answer from tenant, who is

 
Lucy, Esq.'s Avatar
  • Answered by:Lucy, Esq.
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Customer Question

recieved notice of appearance and answer from tenant, who is represented by Legal aid society..I have no lawyer ...Court date tomorrow , for notice to holdover ...Was looking to gain premises back from tenant...However , found out my buildind is rent stabilized ...I went to withdraw notice to holdover ..but was told not to go and it will be dismissed...Question should I go to court

 



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in the notice of appearance ,she is stating complaints in her unit,it is a single room with a kitchenette..and 30% off the rent in arrears ,and 30% off any future rent until compaints are completed.plus I don't think she is legally here with papers,but she is represented by legal aid socity

Submitted: 743 days and 2 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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Expert:  Lucy, Esq. replied 743 days and 2 hours ago.

Hi,

My name is XXXXX XXXXX X'd be happy to answer your questions today.

I just want to clarify a couple of things:
1. You said the apartment is rent stabilized. Are you evicting her for the unpaid rent, or because the lease is up?
2. Where is the apartment located?

Customer replied 743 days and 2 hours ago.

Did not know at the time ,that I had a rent stabilized building found out in court, she owes 11 monthes rent ...started a nonpayment this week....but was hit with the apparance notice today ......In brooklyn ny. i have to be in court tomorrow

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Expert:  Lucy, Esq. replied 743 days and 2 hours ago.

Thank you.

You definitely need to appear. First, if she hasn't paid the rent, you can still get a judgment for possession of the premises. The fact that it's rent stabilized doesn't relieve her of the duty to pay anything.
http://www.housingnyc.com/html/resources/attygenguide.html#12


Second, she is asking for 30% off the unpaid rent, plus 30% off future rent. If you're not there, the judge will enter judgment against you on those issues. You don't want to forfeit the right to present your case by not appearing.

If you have reason to believe she's in the county illegally, you can report her to Immigration and Customs Enforcement, but that's really a separate issue.

Expert TypeAttorney
Category: Legal
Pos. Feedback: 97.5 %
Accepts: 2976
Answered: 4/1/2011

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