Legal Question in Real Estate Law in New York

Being Evicted By landlord

My wife and three children are being evicted by the landlord because of unpaid rent. we were served with court papers and just today we were served with 72 hours notice. We have asked the landlord if he could give us till march 1, 2003 and he said no...We then offered him $ 1,000 if we could stay till March 1, 2003 and he said he would think about it. What can we do to be able to stay till at least March 1, 2003. What rights do we have. it is the middle of winter here and we have no place to go to until March 1st..


Asked on 1/30/03, 12:34 am

3 Answers from Attorneys
Dan Blumenthal Berkman Henoch Peterson & Peddy

Re: Being Evicted By landlord

The Court has jurisdiction to stay the eviction and schedule a hearing to extend your time up to 6 months from the original judgment date BUT some payment will usuallly be a condition. Have you approached social services? Contact them and Legal Aid for help and do it ASAP.

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Answered on 1/30/03, 8:15 am
Lisa Breier Urban Breier Deutschmeister Urban & Fromme

Re: Being Evicted By landlord

Go to Housing Court immediately and take out an Order to Show Cause. On your affidavit state that you offered to pay $1000 and it was refused. If you didn't receive any prior notice (before the marshals notice), put that on your affidavit.

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Answered on 1/30/03, 10:09 am
Arnold Nager Arnold H. Nager, Esquire

Re: Being Evicted By landlord

If you have a Notice to appear in Housing Court, be sure that you do so. It is unlikely that a Housing Court Judge would order an eviction in the middle of the winter. Be SURE not to miss the return date.

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Answered on 1/30/03, 5:29 pm


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