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  1. #1
    Join Date
    Sep 2013
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    3

    Default How to Stop a Stay of Eviction in New York

    My question involves an eviction in the state of: Staten Island,NY
    I gave my tenant a 30 day notice to move out they failed to move i took them to court the court gave them until aug 29th to move on aug 28th tenant went and received a stay of eviction until a court date of Sept 13th at what time they were granted a stay until Sept 30 but had to pay use and occupancy the tenant failed to pay use so eviction was accelerated to Sept 27th The tenants again went to court and received another stay with a court date of OCT 3rd

    (1) How can a tenant be granted a stay when they failed to comply with Last stipulation

    (2) is there any way to vacate the stay considering tenants still have not paid use and occupancy from Sept

    (2) how many stay's can a tenant receive

  2. #2
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: Any Way to Stop Stay of Eviction New York

    "(1) How can a tenant be granted a stay when they failed to comply with Last stipulation "

    Because the court granted them yet another.

    (2) is there any way to vacate the stay considering tenants still have not paid use and occupancy from Sept

    No

    (2) how many stay's can a tenant receive

    As many as the court wishes to grant them.

    I'm assuming you're attending these hearings, correct? And you speak up at them?

    Gail

  3. #3
    Join Date
    Sep 2013
    Posts
    3

    Default Re: Any Way to Stop Stay of Eviction New York

    yes i have attended every hearing and instead of letting court assistant write my responce i submitted one in writting detailing that i had apartment rented to a family with a person going into Army they leave 4 boot camp Oct 8th and wanted to have the rest of the family set before they left.

    i went to court yesterday to see what my tenants said to get the stay and found that they completley lied on the responce saying that i have already received Oct rent and that they should be allowed to stay since they have already paid. As of today's date i do not have OCT rent niether from them or Secton 8 and the tenants still owe me there share from Sept so hopefully by them lying to get stay the judge will force them out A.S.A.P

  4. #4
    Join Date
    Sep 2013
    Posts
    3

    Default Re: Any Way to Stop Stay of Eviction New York

    update: Went to court Yesterday The stay order was cancled as Tenant failed to pay use and occupany per stipulation Marchals will be comming to evict on Tues the 8th..

    Now tenant had the nerve to ask me to give them back half the months rent since they will not be in apartment all of Oct.

    I am wrong to tell them to go to hell considering all the time they cost me at work plus expenses of court case/ cost to have marshal kick them out . keep in mind i can not rent apt all of oct and have to start new tenants on Nov 1st as it is going to take time to get place back in shape

  5. #5
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: Any Way to Stop Stay of Eviction New York

    " Now tenant had the nerve to ask me to give them back half the months rent since they will not be in apartment all of Oct."

    Tell them sure...they'll get back the rent just as soon as you take off what they owe for September plus October plus the court costs for filing on them.

    Gail

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