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Can my landlord sue me and if so what is the process/do they have to deliver notice in person?
Anonymous2 views3 answers
Hi I am a NYC tenant. My lease ends end of this month. My subletter is refusing to leave and is a “holdover tenant”. Technically due to Cuomo’s executive order she cannot be evicted until at least August.
My question is: if my landlord sues me/serves me notice to appear in court regarding this “holdover tenant” (I have paid through the end of my lease but will not continue after it ends if the “holdover” is still there), does that notice need to be delivered in person?
I changed my USPS address just in case to receive notices but I am not sure whether they even need to give notice and if so the process.
Hello:
My suggestion is to retain counsel on this and try to work out a settlement with L because L will claim that nail and mail is sufficient at its holdover.
You will need to take action to evict your subtenant. Until you return the apartment vacant to your landlord, you will be responsible for all rents due. If litigation is commenced by your landlord against you, you may also be responsible for the landlord's legal fees.
Dear Brooklyn Tenant:
When Housing Court resumes and begins accepting new cases, if you did not deliver vacant possession of the apartment to the landlord, you are the person the landlord will try to pursue for the eviction as a holdover tenant, for the rent that was not paid after the end of the lease, and likely a judgment in order to make a future claim for the legal fees incurred in removing you and the subtenant.
The logjam of cases may force long delays in litigation of new cases, and so, may drag out for many months. That entire time your subtenant lives rent free and you remain on the hook.
The service statute requires the process server attempt personal service at the apartment. If the process server cannot do so, on two successive days of attempted personal service, and is not also able to find a person at the apartment on both occasions willing to accept the court papers, the process server is allowed to attach the papers to the apartment door, and mail additional copies to you at the apartment, to you at your new address if you provided that information the landlord, and on your occupant at the apartment address, by regular first class mail and by certified mail.
Please do not wait for a lawsuit to look to deal your way out from this mess. Engage an attorney, now.
