QUESTION
if a tenant moves out prior to court date does the eviction proceed?
Asked on Jan 25th, 2018 on Landlord and Tenant Law - New York
More details to this question:
After service of termination of oral month to month rental agreement but before court date; tenant moved out. Additionally; it was determined by HPD that apt was "illegal" as it was created at rear of commercial space. After tenant moved out and Vacate Order enforced, the commercial space was restored to its original size. What should happen at court date
1 ANSWER
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Since summary holdover proceedings are intended to deliver possession, if a tenant moves out prior to commencement of the proceeding, the court lacks jurisdiction to proceed with the case and it should be discontinued or dismissed.
Answered on Feb 19th, 2018 at 6:15 AM