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I live in nyc rental apt my father is guarantor and I"m the…

Customer Question
I live in nyc...

I live in nyc rental apt my father is guarantor and I"m the occupant have been living there for 5 years. I have fallen on hard financial times and owe 2 months rent . Building has started eviction proceedings.In the meantime ny father has passed away.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Notices have been sent to his attention. Am I responsible for rent? and can they evict me as occupant? I was never the person responsible for rent . what are my options ?

Lawyer's Assistant: Has anything been filed or reported?

They sent a petition that was never properly served back in Oct. which I just answered today because i was getting nervous no additional notices were sent . Building agent just called me and said I had to pay in full to avoid eviction. Today at centre st I was told that landlords petition to marshall to evict was denyed because of paperwork on service not right.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not at the moment.

Submitted: 7 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
11/28/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 13,465
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thanks so much for your patience on this. Unfortunately, you are responsible for the rent. A guarantor is a person who guarantees that payment will be made in the event that the original party cannot make the rent. In your case, if your father passed away, then it would not be possible for him to make the payment. The money would have to come from either you or from his estate to cover the past due rent. Thus, your options are to try to fight the eviction or you may end up having to move out of the building. I'm very sorry. What other questions did you have for me?

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Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further before you rated. If you have any other questions or if there is anything else I can assist you with today. Please reply here and let me know.

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