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Posted by MikeW on March 24, 1999 at 14:53:41:

In Reply to: Re: Non-Payment of Rent in Lieu of Security Deposit PS: To clarify, I live in NYC. posted by Barry on March 23, 1999 at 22:40:22:

No. Don't pay the last month's rent. If you do, and the landlord keeps the security, you'll have to chase him in court. If you don't pay it, and there are legitimate damages he'll have to chase you in court and prove the fact. The latter is much more desirable for the tenant.

As far as moving out. You could refuse to leave, in which case the LL will have to start a holdover proceeding in housing court. He'll eventually win, and you'll have to leave, but you could easily buy yourself a free month or two.

Follow Ups:

• Re: Never pay last month's rent --Immediate eviction? Barry 3/24/99 (10)
  • Re: Never pay last month's rent --Immediate eviction? John E. Marre 3/25/99 (9)
    • Re: Never pay last month's rent --Immediate eviction? An Irate New Yorker -- one of many 3/29/99 (5)
      • Re: Never pay last month's rent --Immediate eviction? John E. Marre 3/30/99 (4)
        • Payback's a bitch MikeW 3/30/99 (3)
          • Re: Payback's a bitch Nick 3/30/99 (0)
          • Re: Payback's a bitch Nick 3/30/99 (1)
            • Re: Payback's a bitch John E. Marre 3/31/99 (0)
    • Re: Never pay last month's rent --Immediate eviction? Barry 3/25/99 (2)
      • Re: Never pay last month's Rent: Final Word: Keep Rent & Move at the end of the month Barry 3/25/99 (1)
        • Re: Never pay last month's Rent: Final Word: Keep Rent & Move at the end of the month amy 4/26/99 (0)

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Comments:
: No.  Don't pay the last month's rent.  If you do, and the landlord keeps the security, you'll have to chase him in court.  If you don't pay it, and there are legitimate damages he'll have to chase you in court and prove the fact.  The latter is much more desirable for the tenant.

: As far as moving out.  You could refuse to leave, in which case the LL will have to start a holdover proceeding in housing court.  He'll eventually win, and you'll have to leave, but you could easily buy yourself a free month or two.


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