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Posted by consigliere on January 28, 2002 at 14:18:54:

In Reply to: Does the Tenant Pay posted by Sandra on January 28, 2002 at 12:09:05:

If your mother accepted arbitration in small claims court, she can't appeal the decision.

If your mother lives in an unregulated apartment and her lease provides that such repairs are rent or additional rent, the landlord could have sued her in housing court and could have received a possessory judgment. If your mother failed to pay that judgment, she could have been evicted.

Fortunately, this is a money judgment in small claims court. Your mother might be able to work out a payment plan with the landlord. But if your mother has paid her rent by check, the landlord could get a restraining notice against her checking account for twice the amount of the judgment, and the sheriff or a marshal would be able to collect the judgment, plus fees, from the checking account.

:
: My mother had a problem with her toilet, it was clogged, back in March. The landlord was called to have him send a plumber. The plumber came and was not able to fix the problem using a snake. He informed my mother that he would have to replaced the toilet. Okay, so now 2 months later she gets a bill from the landlord advising her that she is responsible for payment to the plumber since a shower curtain rings was found in the toilet. Now she was never shown this and she never signed anything. Can this be possible. The landlord ended taking her to court and an arbitor made the decision that my mother owes the landlord that money. Can anything me done to appeal this decision. And what happens if my mother doesnt have the $600.00 that the landlord is asking for. Can she set up a payment plan with him or what.

: Thanks.

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Comments:
: If your mother accepted arbitration in small claims court, she can't appeal the decision.  

: If your mother lives in an unregulated apartment and her lease provides that such repairs are rent or additional rent, the landlord could have sued her in housing court and could have received a possessory judgment.  If your mother failed to pay that judgment, she could have been evicted.  

: Fortunately, this is a money judgment in small claims court.  Your mother might be able to work out a payment plan with the landlord.  But if your mother has paid her rent by check, the landlord could get a restraining notice against her checking account for twice the amount of the judgment, and the sheriff or a marshal would be able to collect the judgment, plus fees, from the checking account.  

: :
: : My mother had a problem with her toilet, it was clogged, back in March.  The landlord was called to have him send a plumber.  The plumber came and was not able to fix the problem using a snake.  He informed my mother that he would have to replaced the toilet.  Okay, so now 2 months later she gets a bill from the landlord advising her that she is responsible for payment to the plumber since a shower curtain rings was found in the toilet.  Now she was never shown this and she never signed anything.  Can this be possible.  The landlord ended taking her to court and an arbitor made the decision that my mother owes the landlord that money.  Can anything me done to appeal this decision.  And what happens if my mother doesnt have the $600.00 that the landlord is asking for.  Can she set up a payment plan with him or what.

: : Thanks.


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