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Lucy, Esq.
Lucy, Esq., Attorney
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Experience:  Lawyer
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recieved notice of appearance and answer from tenant, who is

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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
Submitted: 3 years ago.
Category: Legal
Expert:  Lucy, Esq. replied 3 years ago.
Hi,

My name is XXXXX XXXXX I'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 3 years 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
Expert:  Lucy, Esq. replied 3 years 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.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 19930
Experience: Lawyer
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