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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 19651
Experience:  B.A.; M.B.A.; J.D.
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I live in a Co-op and recently received a letter stating they

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I live in a Co-op and recently received a letter stating they wanted to evict me. There is a board of directors and also a management company who run the Co-op. What rights do I have in regards XXXXX XXXXX complaints that have been brought against me (who made them, validity of complaint etc...) If this goes to court what do I need to prove to keep my occupancy?
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I live in a Co-op and recently received a letter stating they wanted to evict me. There is a board of directors and also a management company who run the Co-op. What rights do I have in regards XXXXX XXXXX complaints that have been brought against me (who made them, validity of complaint etc...)




Response 1: You need to dispute the complaints against you to the Board of Directors/Management Company. You need to do this for your protection. If you leave the notice of eviction unchallenged, the Co-op would use your non-response against you in any Court proceeding. Your non-response would imply that you agree with the notice. The Board of Directors/Management Company does no legally need to provide you with the names other residents who filed the complaints against you for fear that you might retaliate against those residents. However, once the case goes to Court, you can force the Board/Management Company to reveal the names of your accusers because you have a right to cross examine the witnesses against you. Your due process right would be violated if the names of the complainants were not given to you. Based solely on this procedural but important issue of due process, you can request that the eviction case against you be dismissed if you were not given the names of your accusers.




If this goes to court what do I need to prove to keep my occupancy?




Response 2: That you did not do what you were accused of doing. For instance, if you were not on the premises on the dates the complaints were made, you should produce the evidence showing your absence and why you could not have been responsible for whatever you are being accused of because you were not even there, etc.

Customer: replied 4 years ago.

Over the course of the time I have lived here I have received a few complaints regarding a few issues: Son speeding in complex (1 time only) entering in the rear of building ( my patio entrance is here) Neighbor complains if we use common area to enter our dwelling. Mattress in basement, removed after letter. What warrants eviction? I have never disturbed my neighbors with any loud noises or destruction of property. The complaints against me come from one source only,(she is not even attached to my building) and it is all due to my sons using the rear entrance, the common area, will the court see the complaints against me and just say your out?

Over the course of the time I have lived here I have received a few complaints regarding a few issues: Son speeding in complex (1 time only) entering in the rear of building ( my patio entrance is here) Neighbor complains if we use common area to enter our dwelling. Mattress in basement, removed after letter. What warrants eviction?



Response 1
: If you have breached the terms of your Co-Op and if you have been warned and you have not complied, then you can be evicted for non-compliance.



I have never disturbed my neighbors with any loud noises or destruction of property. The complaints against me come from one source only,(she is not even attached to my building) and it is all due to my sons using the rear entrance, the common area, will the court see the complaints against me and just say your out?




Response 2: No. You would be given the opportunity to defend yourself.

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