Re: HELP! NEED EVICTION ADVICE - Posted by Frank Chin
Posted by Frank Chin on July 16, 2003 at 09:00:35:
Hi Brooklyn Girl:
Fortunately, I only did an eviction once some years back, in neighboring Nassau County. But I use a NYC attorney, husband of my wife’s freind from College. He started his legal career as a Legal Aid lawyer assisting tenants in Landlord tenant court.
He tells me a good tenant lawyer CAN and WILL drag an evicion proceeding over a six month period or MORE. The purpose is to allow time for the tenant to get things together. In other words, even if your attorney was on top of things, it’ll still drag on for six months.
For instance, the tenant attorney can:
1- Ask for three postponements - which will drag it out 90 days. The first 30 day postponement is automatic, the second requires a doctor’s note, and the third pleading with the judge - but they’ll get it.
2- When that’s done, they’ll file some complaints with the Building’s dept, and have you cited for violations. Then they’ll tell the housing court you’ll need to correct the violations.
3- Then they’ll try and find out if you have an illegal unit (very common in NYC), or some other technicality, and have your case thrown out till you corrected the violation, or have the paerwork filed.
But the inaction of your attorney is something you can bring up with the Bar Association.
As to the Marshall’s taking four to six weeks. Sadly that’s true.
In my eviction, the tenant was ordered to vacate on Mar 15. I didn’t show up till Mar 30 to check and found the tenant still there.
When I asked my attorney to get the Marshall’s I was told they’re busy - backed up four to six weeks. He tells me that’s usual in NYC and Nassau.
So the way he auggest that I approached the tenant was we’ll play nice and give you another few weeks, before the Marshalls come. In the meantime, we’re waiting for the Marshalls.
Fortunately for the tenant, he moved before the Marshalls came.
In the future, make sure the attorney practices Landlord/Tenant Law. Recently, I used another attorney for REI, and he contracts out all his Landlord tenant cases to a law firm specilaizing in it. Those who practice it would usually have an attorney or attornies down in Landlord Tenant court all day long, rather than take an occasinal trip down there.
He tells me its not cost efficient for him to take the case, take the hour to go to court, wait around, and come back, and charge me half a day time for the court appearance.