[NY] [NY] My landlord removed my mother from my lease and is evicting me after I withheld rent in retaliation. How should I proceed?
My mother tried to get help for rental arrears but was denied because she wasn’t on the lease anymore.
I formally complained to the landlord, asking for my mother to be put back on the lease and explaining my financial hardship.
The landlord said she’d reinstate her once the first debt was paid. I paid it — but she didn’t put her back.
So, I withheld rent because the landlord retaliated by trying to evict me.
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The landlord should not have removed your mother or modified the lease without your consent, unless the lease allowed for it.
Also, the landlord must have a legal basis to evict.
If rent was past due and a demand to cure was made but unpaid, they can proceed.
But rent withholding must also be legally justified. If not, it can also be a valid basis for eviction.
If they’ve filed in court, you need to defend and challenge the eviction, showing why their claims are false.
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It's a crazy long story, but I’ll give you the brief version. I’ve never been in a situation like this in my 43 years.
My landlord changed the lease by removing my mother from it.
When the pandemic hit, I fell into hard times — before that, I was paying rent fine.
I need to talk to a lawyer about my eviction, or illegal eviction.
Lexi, Chatbot
I'm sorry to hear about your situation.
Have you received any formal eviction notices from your landlord?
Yes.
Lexi, Chatbot
Are you currently in the process of fighting the eviction through the legal system?
I'm trying, yes.
Lexi, Chatbot
Is there anything else the landlord-tenant lawyer should know before I connect you?
Rest assured they’ll be able to help with your eviction.
No.
Alex, Esq.
This is Alex, Esq. I’ve been a legal expert for over a decade. My goal is to provide you with the best experience possible and answer any questions you may have about your current situation.
Sorry to hear about the issue with the rental and the eviction. I know this is upsetting.
Can you share some background and the basis for it?
It's a crazy long story, but I’ll give you the brief version. I’ve never been in a situation like this in my 43 years.
My landlord changed the lease by removing my mother from it.
When the pandemic hit, I fell into hard times — before that, I was paying rent fine.
Alex, Esq.
What is the basis for the eviction?
Did you agree to remove your mother?
No. My mother tried to get help for rental arrears but was denied because she wasn’t on the lease anymore.
I formally complained to the landlord, asking for my mother to be put back on the lease and explaining my financial hardship.
The landlord said she’d reinstate her once the first debt was paid. I paid it — but she didn’t put her back.
So, I withheld rent because the landlord retaliated by trying to evict me.
Alex, Esq.
The landlord should not have removed your mother or modified the lease without your consent, unless the lease allowed for it.
Also, the landlord must have a legal basis to evict.
If rent was past due and a demand to cure was made but unpaid, they can proceed.
But rent withholding must also be legally justified. If not, it can also be a valid basis for eviction.
If they’ve filed in court, you need to defend and challenge the eviction, showing why their claims are false.
Long story short, after many court dates — with and without an attorney — and nearly a 4-year battle, even after showing proof of my landlord’s fraud and discrimination well before owing her anything, I’m still being evicted.
There’s so much more that went wrong that I haven’t even mentioned.
Alex, Esq.
You can still appeal if you believe the judge failed to follow the law or ignored the evidence.
You can also file a motion to reconsider under specific grounds.
Yes, maybe I was wrong in withholding rent, but she retaliated.
I had an attorney who drafted a stipulation for $20,000 I was supposed to pay back in 2023, but I was depending on government assistance — which I was denied.
Alex, Esq.
Yes, nonpayment is a basis to evict — but the situation surrounding that matters too.
And that stipulation is what they’re using against me.
But here’s the plot twist — the attorney who "represented" me actually never did.
According to a housing court rep, he wasn’t even my real attorney and just took my money.
Turns out he’s being sued by the state attorney general for defrauding clients like me.
So now, both my landlord and my attorney defrauded me.
Alex, Esq.
That could also be grounds to challenge the stipulation, but you need to raise all issues against the landlord in your defense.
Like I said, that stipulation is their only weapon.
But in 2024, I sued my landlord in Supreme Court and suddenly she was willing to comply — no stipulation talk — but she refused to drop the eviction case in housing court.
So we made a deal to drop the Supreme Court case without prejudice.
I assume I can reopen that lawsuit later, right?
Alex, Esq.
Yes — when a case is dismissed without prejudice, you can refile it.
Housing court is focused only on possession — if the tenant has a legal right to stay.
Claims like fraud or discrimination are often outside its scope.
In housing court, it’s like “pay or go.” They don’t deal with fraud.
Once you owe — you’re done. In the Bronx, it feels like tenants don’t have rights.
When I finally presented my case to the judge on Friday, June 13, 2025, she said the stipulation is valid even if my ex-attorney was a fraud because of “apparent authority.”
Here are my questions:
- If I pay the $20,000, can I stop the eviction?
- Can the landlord refuse payment now just to evict me?
- The judge seemed biased, saying “I can find the evidence” — even though I already submitted it. Can she be challenged for error of law?
What’s your honest opinion on all this? I don’t know if the marshal will show up at my door this week. I’m scared.
Alex, Esq.
If the $20,000 payment is part of the stipulation and required to stop the eviction, yes — paying it should stop the eviction and preserve your appeal or further litigation rights.
Alex, Esq.
Your situation is complex and not straightforward.
If you're ready to pay $20,000 and have grounds for fraud or other claims, you need an attorney.
If you succeed in showing fraud or misconduct, you may also be able to recover attorney's fees.
Do you litigate in New York City?
Alex, Esq.
I’m sorry, but this site does not allow us to represent clients.
However, you can contact the New York Bar Association or visit lawyers.com to find an attorney who advocates for tenant rights.
Okay thanks.
Alex, Esq.
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