Legal Question in Landlord & Tenant Law in New York

i just found out my cellar apartment is illegal. I stopped paying rent and told my landlord I am not moving out. he said he will initiate a holdover proceeding. How long will this process take in order to get me out and how can i postpone it. In NJ you are entitled to 6 months of rent for illegal apartments, can I request this in NYC?


Asked on 2/13/12, 1:54 am

1 Answer from Attorneys

Steven Czik CZIK LAW PLLC

It can take anywhere from 3 months sometimes up to even a year depending on the type of proceeding that the Landlord initiates against you. You can request the 6 months but you can do that at the end of the Court proceedings. First he must serve you with a proper notice. New York State law is very specific as to the exact wording required in these Notices and the manner in which they must be served upon the tenant, thus it is highly advisable to retain the services of an attorney experienced in these areas. A small mistake by the landlord can set him back months in the process. We have handled many such cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation. We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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Answered on 2/14/12, 11:02 am


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