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Served 30 Day Notice, Case Adjourned

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  • 11-17-2012, 04:56 PM
    bap
    Served 30 Day Notice, Case Adjourned
    My question involves an eviction in the state of: NY

    Hello all,

    I own a property which I decided to rent out on a 12 month lease. The lease stated anything over that term would be considered a hold over tenancy. On month 13 I realized I could longer afford to keep the property and sent a 30 day notice by certified mail. Instead of moving the tenant filed complaints with 311 about conditions he himself created (the lease stated the house was given to the tenant in good condition), and refused to move and pay for his occupancy. At the recommendations of an attorney who we formally know and he drafted I sent a notice of termination using a process server and then served another document 30 days later with an index number and hearing date, during the hearing the tenant sent his family members in his place and the case was adjourned almost 2 months later. Currently I am having a very difficult time paying the mortgage on the house, I still have not sent this months payment because I could not afford it. At the recommendations of the attorney who said try to settle with the tenant I have asked them to move and keep the rent money they owe so I can sell but he does not want to move and instead is telling me he is not paying due to lack of repairs. I can't afford to keep them there nor make these repairs. It was never about collecting rent,i just simply wanted the property back. So I'd like to know my options here, have I followed the correct procedures? Can I have the court evict at the next hearing or will this be adjourned for another month or two.
  • 11-19-2012, 04:31 PM
    Mr. Knowitall
    Re: Served 30 Day Notice, Case Adjourned
    You have a lawyer, and you've told us nothing about the condition or repairs at issue, so you'll have to discuss that one with your lawyer.

    We would have no way of knowing if anybody has requested an adjournment or on what basis; if nobody asks for one, and the court has room on its trial docket on your next scheduled trial date, trial would normally proceed.
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