EVICTION

   Holdovers - Chronic Non-Payment

 

If you chance to have two or more episodes of non-payments you can fall into the vicious trap of the chronic nonpayment holdover. What constitutes a chronic nonpayment holdover is initially a subjective standard in the eye of the landlord.

The landlord usually commences this proceeding as a substantial violation of a lease or as a nuisance. In one case, that is still in litigation, the landlord sent out a non-renewal notice.

The government has sat back and has failed to promulgate any objective standards for the Court to follow.

What will often happen is when you go to Court to answer this proceeding the landlord’s attorney will try to get you to sign a stipulation which puts you on probation for a period of time in the future.

The tenant, of course, wants to stop coming to court and sees nothing wrong with signing this stipulation. What is really going on is by signing this stipulation you are putting your head in the lion’s mouth and it will be most difficult to come out with your head.

  

One slip may close the lion’s mouth and chop off your apartment.

This is a stipulation that you should not sign without a lawyer having examined same on your behalf.

  • Never sign such a stipulation if the stipulation gives the landlord the power to enter judgment.

  • Never sign such a stipulation if it gives up your right to a denovo (do over) trial.

  • Never sign such a stipulation if it gives up breach of warranty defense — if you have defects in your apartment.

  • Never sign such a stipulation if it forces you to withdraw a complaint before the New York State Division of Housing and Community Renewal.

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