Re: 30 day notice
by NY-LL on Sunday, June 17, 2012 @01:45
The tenants committed multiple lease violations which the landlord compounded by being complicit. Additionally, it is difficult to confirm whether the landlord initiate a non-payment proceeding or a holdover proceeding.
General Procedures: First, the three (3) day notice to cure the default of non-payment of rent should have been issued on or about the 2nd of May. Second, the thirty (30) day notice to vacate and terminate tenancy issued after failure to comply with three (3) day notice on or about the 5th of May. Third, file petition with court within thirty (30) days of default notices. Fourth, court hearing date scheduled within two weeks of the second month on or about the 15th of June in order to obtain judgment for non-payment of rent and any property damages not covered by security deposit. (The three (3) day notice to cure the default of non-payment of rent allows only three days to pay the rent, not until the end of the next month, as stated, unless landlord was referring to holdover proceedings.)
Premise Possession: When the tenants vacated the premises and disconnected utilities, the premise were no longer habitable. The premises are considered abandoned due to habitability, compounded by the tenantís failure to respond to landlord notices. The tenants are legally in possession of the premises because of the additional violation of changing the locks (without landlord permission and not providing landlord with a replacement key). The continued possession of the premises makes the tenantís liable for rent until the court issues a writ of dispossession, hopefully with the judgment for non-payment and property damages, if any.
Technically, since the tenants have legally abandoned the premises, the landlord can proceed to collect judgment in small claims court. However, since the procedure has already begun, the landlord can continue the process of legal dispossession in housing court. This will create a file of eviction proceedings against the named tenants, as reference for other landlords.
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