Notice was served to tenants 30 day. there is no lease current. Tenants were allowed to stay until they found a place which has been longer than 5month since lease expired. they had pets on premises in which i spoke to them about to no resolve. They are behing 2 month rent since i gave them notice. Court this month. Does judge allow them to stay on first hearing normally.Will i be payed immediately on a holdover case?They also had damage the prperty. There are adults living there who also were served as janedoe since they werent on original lease.Can they postpone as tenants sometimes do jus to execute a longer stay or prolong judgement. Will case be held without them if they elect not to attand
You should consult your attorney to obtain answers to these questions. The tenants are allowed at least one adjournment of the case to try to obtain an attorney, so your case may or not get resolved the first time it appears on the court calendar. You should also discuss with your attorney the papers you will need in the event the tenants do not agree to move out voluntarily and you have to go to trial.
Dear Bronx Landlord:
Unless the tenants and their under tenants consent to a judgment and agree to give up possession, eventually, a landlord will need to prevail at a trial to gain a judgment for possession and a warrant of eviction.
If the Notice of Petition recites the language required for obtaining use and occupancy during the course of the litigation, the Court will enforce the statute and direct that use and occupancy is paid. A default in paying may allow for further relief, such as an immediate trial.
">>>2. In the city of New York: (a) In a summary proceeding upon the second of two adjournments at the request of the respondent, or, upon the thirtieth day after the first appearance of the parties in court less any days that the proceeding has been adjourned upon the request of the petitioner, whichever occurs sooner, the court shall direct that the respondent, upon an application by the petitioner, deposit with the court within five days sums of rent or use and occupancy accrued from the date the petition and notice of petition are served upon the respondent, and all sums as they become due for rent and use and occupancy, which may be established without the use of expert testimony>>>" -
See more at: http://codes.lp.findlaw.com/nycode/RPA/7/745#sthash.WSSveheN.dpuf
And:
">>>3. In the city of New York, when the petitioner seeks to make an application pursuant to subdivision two of section seven hundred forty-five of this article, the notice of petition shall advise the respondent of the requirements of subdivision two of section seven hundred forty-five of this article.>>>" -
See more at: http://codes.lp.findlaw.com/nycode/RPA/7/731#sthash.qipiSTNI.dpuf
So a landlord may find that obtaining an order from the court that forces current payment to the landlord during the lawsuit after thirty days have passed may be near impossible to achieve if the landlord omitted the advisory language from the Notice of Petition.
Any person claiming possession such as John Doe, may assert the same claims in court as the tenant.
