Landlord Question and Answer Forum

I live in NYC and has a tenant who is an attorney. He stopped paying his rent and I am bringing a holdover proceeding against him. He has threatened to prolong the eviction process by utilizing every procedural process to delay eviction. What are my rights if he is bringing a motion to dismiss because he is lying about being properly served? Can he be sanctioned for perjury because he is an officer of the court? What branch of government oversees attorney's perjury?

Why did he stop paying rent and is he in the rears ? If he was properly served yoy should have a constable receipt . Just because he ia a attorney he still has to abide by New York housing rules.

Posted by Donald G, MA on Tuesday, March 24, 2009

Thanks for the response. He stopped paying rent out of spite and because he thinks he can manipulate the law and stay for free. He's upset because I told him he has to pay a late fee if he continues to pay late. He has a referral relationship with another tenant attorney and he takes personal pleasure in getting his clients from paying their obligations. I know because he used to glowed about it. I know from what he told me what he did with his other clients were to delay the eviction process as long as possible, having the tenant live rent free, and when the judge finally gives judgment and tenant is evicted, he then has his client file for bankruptcy. I'm not sure if this is something that he plans to do personally for himself, what does it means for an attorney to have a personal judgment or declare bankruptcy?

Posted by tina b, NY on Wednesday, March 25, 2009