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Re: eviction procedures

Posted by JJ on March 04, 2000 at 23:43:11:

In Reply to: eviction procedures posted by Mindy on March 04, 2000 at 16:53:43:

: My landlord initiated procedures by sticking a note on my door with a demand for rent payment within 9 days.
: The note shows the total amount due for each week going back about 1 and 1/2 years. He did not subract any payments I made during that time, nor did he subtract 2 months for which he gave tenants a rent abatement.

: This means a show in court.


this is just a rent demand, some landlords send them frequently. the next step is the Petition which begins the lawsuit, some tenants get 6 demands before the lawsuit gets filed. the rent demand is "fatally flawed": the redemand must be for the correct amount of unpaid rent. a lawyer could get this dismissed if he is stupid enough to file it. (IF you really have those receipts: did you pay cash? never do that again!)

you have to learn about this NOW.

start right here on TenantNet, Housing Court section:

read the two Guides and all ot the CTWF pages (except 'Holdover")

use the white search box at the top of this page too: search for 'non-payme'nt

go to Housing Court and get the new pamplets from CWTF or CTRC at the tables near the "Resource Center", (Manhattan = 111 Centre St, M-F 9:30-12:00, first floor, not second floor). there are a couple of new laws and new procedures since this site's section was last updated.

: I have the money to pay him the owed rent and am able to make weekly, full rent payments.

pay it.

: My question is how to best pay this. Giving him the money wihin the next week seems unnecessary since I cannot pay the full amount which does not include my payments. Or, am I missing something?

do not pay more than you owe.

: Or is there an advantage to send the (corrected) payment amount to the landlord this coming week via registered mail?

yes: do this. do not pay more than you owe. and try to stay out of court.
and get copies of your cancelled checks or money orders now, those things take time and anyone who would send you a such an incorrect rent demand might file the petition anyway.

: Lastly, can you refer me to a NYC source of counsel on eviction procedures?

call the ones listed on TenantNet.

: Thanks in advance, Mindy

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