Legal Question in Landlord & Tenant Law in New York

Notice to Repossess - Please Advise!

I have been living without a lease in an apartment for over 10 years with the Prime Tenant who travels abroad.

Two days ago, the PT received a Notice To Tenant Of Non-Renewal of Lease, Termination of Tenancy and LL Intention To Recover Possession. Recovery proceedings will begin next year.

The PT's legal documents still maintain that this Apt. is his legal residence (tax records, driver's license, voter's reg.).

My name was not added to the lease and I have paid the rent in his name via money order. The doormen, employees and super know me and have conducted work for me, including renovating the kitchen and replacing light fixtures. My legal identification is at this address, including utilities and voter registration.

There has been no rent overcharges.

What should be done next?

Should there be a response to the Notice by me or the PT? Or wait to be served?

Thanks for your advice!


Asked on 10/27/04, 5:53 pm

3 Answers from Attorneys
Rachel Yosevitz Bistricer Yosevitz

Re: Notice to Repossess - Please Advise!

The Tenant should not just ignore and fail to respond to the Notice received by the Landlord. However, in responding, no defenses should be waived. For example, if service of the papers was not made in exact accordance with the rules, tenant should make that clear in the response.

Is the apartment rent stabilized/controlled. Does the Notice from the Landlord give a reason for the termination? The answers to these questions will determine which way to proceed.

I recommend that you speak to an attorney to protect your rights, obligations and alternatives against the Landlord's actions.

Feel free to call me if you wish discuss retaining my services: (516) 256-7737 or (212) 239-2460.

GOOD LUCK,

RACHEL

Please note: This answer is not legal advice and does not create an attorney-client relationship. It is merely a comment on the legal question presented and should not be relied upon unless and all the facts have been uncovered and until an attorney-client relationship is entered into. Entering into an attorney-client relationship would require signing a retainer agreement and depositing a retainer to secure payment of legal fees

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Answered on 10/28/04, 6:53 am
Stephen Loeb Law Office of Stephen R. Loeb

Re: Notice to Repossess - Please Advise!

Despite your name not being on the lease you may have rights to the apartment but I would have to review the Notice of Eviction to evaluate your case further. The one thing you should not do is ignore the notice.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 10/28/04, 9:36 am
Leslie Francis Law Office of Leslie L. Francis

Re: Notice to Repossess - Please Advise!

Ignoring the Notice is not an option. You should immediately retain counsel and respond to the Notice from the landlord. What reason did the Landlord give for the termination? Your eventual defense of this matter will depend on the allegation(s) made by the landlord in the Notice.

Further, the fact that you are not the prime tenant will not preclude you from defending this action. However, the prime tenant should appear and be prepared to provide evidence that the apartment is still his/her primary residence.

Please feel free to call me to discuss retaining my services in this matter.

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Answered on 10/28/04, 10:25 am


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