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NY- Never My Tenant PT 2 (tenant is still delaying eviction)

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  • NY- Never My Tenant PT 2 (tenant is still delaying eviction)

    Bad News..after having my evicted tenant served with the marshall warrant she went back and filed for another Order to Show cause this time stating that her rights may have been violated as she now needs APS. In December she stopped the warrant by appling for an Order to Show Cause stating that her lover needed APS and that her rights were violated and it was denied because the judge said that the lover was not a party to the case so now two months later she returned with another one. How can I stop this? How long can this go on with this Order to Show before the judges will see that this has been going on? What can I do about this now?

  • #2
    Re: NY- Never My Tenant PT 2 (tenant is still delaying eviction)

    You need an eviction attorney now! Get one who specializes in evictions, not a real estate attorney who does them in addition to other things. The attorney can even file suit against the tenant for frivolous motions before the court. Get one today. This has been going on far too long.

    Comment


    • #3
      Re: NY- Never My Tenant PT 2 (tenant is still delaying eviction)

      That will not stop the court hearing for the Order to Show Cause. The landlord still has to attend that court hearing.

      Comment


      • #4
        Re: NY- Never My Tenant PT 2 (tenant is still delaying eviction)

        Of course he or she does. But if you have been reading these posts regularly, you will recognize that this suit has been going on for quite some time. It has been delayed several times with frivolous motions filed by this tenant. The OP NEEDS an eviction attorney to help get this settled once and for all and to stop these delay tactics. This has been going on for months now.

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        • #5
          Re: NY- Never My Tenant PT 2 (tenant is still delaying eviction)

          Is it too late to switch gears and file for non-payment! I really have no money for an eviction lawyer. I just want her out!! It has been a year exactly!!! when does the court start to listen to each other and read the papers is there any way I can fight this myself???

          Comment


          • #6
            Re: NY- Never My Tenant PT 2 (tenant is still delaying eviction)

            This thread began yesterday. I haven't yet come across another thread related to it.

            That said, to the OP: You didn't file for non-payment in the first place? What did you file under?

            Regardless of the whether you hire an eviction attorney or not, the attorney won't be able to stop motions being filed on the part of the defense, so hiring an attorney at this stage isn't going to speed up the process. It is only going to cost you more money. It would have been wise to have hired an attorney at the beginning.

            Eviction on the basis of non-payment would have been the fastest way to go, if, in fact, the rent was not paid, or was late. Is that the case?

            Comment


            • #7
              Re: NY- Never My Tenant PT 2 (tenant is still delaying eviction)

              This thread had been going on for quite some time now. I don't know if the OP posted under another name or on another site, but I have been reading this horror story for awhile now. The tenant continues to file motion after motion, including motions to stay the execution because the significant other of the tenant needs some type of medical assistance, and now that the tenant herself does.

              I disagree that hiring an attorney now is wasted money. While he couldn't stop the tenant from frivolous motions, he can better address those motions and the court than you have been able to do. He can file suit to stop more frivolous motions. He can bring to the court's attention much of the information that seems to be lost from hearing to hearing. Judges sometimes listen better to attorneys than to LLs who handle the cases themselves. Based on the length of this eviction and the number and complexity of the motions, I strongly suggest you hire an eviction specialist now! You want to hire an eviction specialist (one who ONLY does evictions, not a real estate attorney who sometimes does them). You can't afford not to. Had you hired him from the beginning, this case would have been long over by now.

              Comment


              • #8
                Re: NY- Never My Tenant PT 2 (tenant is still delaying eviction)

                This particular thread has only been in existence since yesterday. I cannot find the other thread in which the OP had been posting.

                I agree that an eviction attorney would be the best way to go, but if the landlord cannot afford it, how is he/she able to retain one?

                Comment


                • #9
                  Re: NY- Never My Tenant PT 2 (tenant is still delaying eviction)

                  This LL has posted before. Perhaps under another name or on another site that I read? Can't say. I just know that I have been following this thread for some time now. Maybe the poster will provide a link to her other threads so readers can see the entire on-going saga.

                  If the OP cannot handle this eviction, and it seems to be the way it's going, she cannot afford to NOT obtain an attorney. The money she is losing month after month with all these delay tactics is a small fortune. Chances are, the attorney's fees would be less than losing another month of rent. Borrow the money, or see if he would take your case on contingency (paid out of the judgment for the back rent). But find an eviction specialist so this will not continue. You need someone who is an expert in these delay tactics and all these motions. If you cannot still afford one, perhaps legal aide or the law department of a local college would help. Or try contacting a local LL's association or a chapter of REIA (Real Estate Investors Association) for help.

                  Comment


                  • #10
                    Re: NY- Never My Tenant PT 2 (tenant is still delaying eviction)

                    You might have been following the OP's story for some time, but you have not been following this thread for quite some time, as it was only started yesterday at 12:39p.m. by the OP. Threads are individual topics posted by someone who begins a new discussion, or posts a question. For instance, this thread has 9 posts (10 including this one).

                    I have looked for the OP's screen name but cannot find any other threads that relate to this particular topic. Perhaps, if you've been following it, you can provide the link? It would be helpful to have that information when offering up any advice.

                    Comment


                    • #11
                      Re: NY- Never My Tenant PT 2 (tenant is still delaying eviction)

                      Disregard that request. I found the thread.

                      Comment


                      • #12
                        Re: NY- Never My Tenant PT 2 (tenant is still delaying eviction)

                        Thank you so much for the responses. Yes this has been going on for some time, my first post is under "Never my Tenant" . I probably would have filed for non-payment but initially when i filed there was no money owed and just an expired lease and she said over and over that she had another apartment and was waiting for a "paper". and then it's just been delay tactic after tactic and I'm getting the judgements just can't get past the actual eviction. When the marshal finally showed up then went back to court. so what now, i really cant hire a lawyer right now and if this is going to get delayed any way can i start a non-payment suit now?

                        Comment


                        • #13
                          Re: NY- Never My Tenant PT 2 (tenant is still delaying eviction)

                          I filed Hold-over
                          my screen name is BetterLandlady!!

                          Comment


                          • #14
                            Re: NY- Never My Tenant PT 2 (tenant is still delaying eviction)

                            It's understandable, if the tenant did nothing wrong, and you filed a holdover through no fault of theirs, that they are fighting it.

                            Holdovers are complex in nature and can quickly become a legal quagmire, as is what has happened in your case. Did you present a new lease and the tenant refused to agree and sign? What, may I ask, was the reason behind the Holdover filing?

                            Did the tenant actually move out of the unit yet? Or is she still there?

                            Comment


                            • #15
                              Re: NY- Never My Tenant PT 2 (tenant is still delaying eviction)

                              Sorry to say, but the tenant is within their rights to fight eviction especially if the Holdover was filed through no fault of their own.

                              You cannot now file for non-payment, as that would be considered retaliatory in nature, and since you have already filed for another reason, which has made the issue of paying rent moot.

                              Comment

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