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If your landlord is trying to take possession of your home, this article may be for you. Two things however:
If you haven’t read the second article of this series My landlord is trying to evict me in housing court, now what? I suggest that you read it first, and come back here afterwards.
If your landlord is trying to take possession of your home by any way other than a legal proceeding in housing court, please know and remember that it is most likely illegal for them to do so, and you should file a complaint in housing court to enforce your rights. (see article on Illegal Lockout: My Landlord changed my lock, what should I do?)
Be mindful of the fact that the only way a landlord can validly evict a tenant in the State of New York is through Housing Court. Any other way would be deemed illegal. The ground for the eviction proceeding is either Nonpayment or Holdover. Let’s dig into both.
What is a Nonpayment eviction proceeding?
This one is pretty straight forward. Your landlord alleges that you have to move out of your home because you have not paid your rent fully (or not at all) over a given period and you started to accrue rental arrears for the apartment you currently occupy.
Possible Defenses:
When sued for Nonpayment, you may be able to challenge the petition on the grounds that the landlord is incorrect by providing proof of payments for all the months you allegedly didn’t pay. You may contest the case on the grounds that the landlord has been overcharging you for a while, hence why you decided not to pay an incorrect amount. You may raise a breach of warranty defense, arguing that the landlord failed to repair the poor and dangerous conditions of the apartment. You may also aim to settle with the landlord, in agreeing to discontinue the case if you are able to pay all or part of the arrears by a certain date. Keep in mind that the above list is not exhaustive, and is only provided to provide some context as well as tangible examples.
What is a Holdover eviction proceeding?
This one may be more complicated to grasp because many different types of cases would fit into this category. In a holdover proceeding, your landlord alleges that you have to move out of your home because you no longer have (or never had) the right to stay in the apartment you currently occupy. The landlord may argue that your lease expired and you are not entitled to a new lease by law. The landlord can try and make a case of nuisance against you, alleging that you committed a lease violation such as bodily harm to another tenant or substantial destruction of property. The Tenant of Record may have passed or moved away, and the landlord refuses to give a new lease to the people living with them.
Possible Defenses:
When sued for Holdover, you may be able to challenge the petition on the grounds that you are entitled to a new lease based on the Rent Stabilization Law/Code, you may have a right to succeed to a deceased family member if you can prove that you were living with them for a time period set by law. You may challenge a nuisance claim by showing that the landlord’s allegations do not rise to the level of nuisance and are therefore not a violation of the lease. Once again, keep in mind that the above list is not exhaustive, and is only provided to give some context as well as tangible examples.
I hope it helps, don’t give up on yourself. You have rights, claim them!
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