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Posted by Barry on March 24, 1999 at 22:59:37:

In Reply to: Never pay last month's rent posted by MikeW on March 24, 1999 at 14:53:41:

: 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.

As the tenant, I agree that it would be more desirable for me to let the landlord have to chase me in court rather than the other way around. (and there ARE no damages; some wear and tear after 16 years--maybe).

If I don't pay the rent on the first of the month, how quickly could she get me into court and have me evicted for non-payment? Would that happen? And then, by not paying the rent, does that ruin any possibility of being granted an extension?

Gotta tell ya, one friend said to me to just pay April's rent so that I don't get immediate eviction and piss off the landlord, and clean up the place before leaving, do a walk-through with the landlord, and ask for the security deposit back at that time. I DO have a few friends that still trust some people to do the right thing at the right time.

I had a lease for 15 of 16 years' residence. Last year, at first, the landlord offered a lease, and said to decide whether or not I would sign it by such-and-such date. Since the rent was being raised, I started looking around to see what was out there, and before that date for final decision came--maybe about a week before--, she posted a letter stating that since I was apparently having trouble deciding, she was revoking the offer of a lease and putting me on a month-to-month tenancy. What are my chances of fighting eviction, saying that the lease should still be in effect? Don't I get any consideration for having lived in the same apartment for so long? -- and how long would the lease being regarded as still in effect get me? I am in a bwnstn in NYC with fewer than 6 apartments.

Incidentally, the landlord has had her own agenda for some time. She knew she didn't want me to have a lease, and she wanted the other tenants on a month-to-month as well, to make it more attractive to a potential buyer if she was selling, and, supposedly, to get rid of everyone now so that she can renovate and increase the rent.

Some people think I should just STAY. I think I need ta talk to a lawyer.
(I have a couple lawyers to call).

Follow Ups:

• 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.

: As the tenant, I agree that it would be more desirable for me to let the landlord have to chase me in court rather than the other way around.  (and there ARE no damages; some wear and tear after 16 years--maybe).

: If I don't pay the rent on the first of the month, how quickly could she get me into court and have me evicted for non-payment?  Would that happen?  And then, by not paying the rent, does that ruin any possibility of being granted an extension?

: Gotta tell ya, one friend said to me to just pay April's rent so that I don't get immediate eviction and piss off the landlord, and clean up the place before leaving, do a walk-through with the landlord, and ask for the security deposit back at that time.  I DO have a few friends that still trust some people to do the right thing at the right time.

: I had a lease for 15 of 16 years' residence.  Last year, at first, the landlord offered a lease, and said to decide whether or not I would sign it by such-and-such date.  Since the rent was being raised, I started looking around to see what was out there, and before that date for final decision came--maybe about a week before--, she posted a letter stating that since I was apparently having trouble deciding, she was revoking the offer of a lease and putting me on a month-to-month tenancy.  What are my chances of fighting eviction, saying that the lease should still be in effect? Don't I get any consideration for having lived in the same apartment for so long? -- and how long would the lease being regarded as still in effect get me?   I am in a bwnstn in NYC with fewer than 6 apartments.

: Incidentally, the landlord has had her own agenda for some time.  She knew she didn't want me to have a lease, and she wanted the other tenants on a month-to-month as well, to make it more attractive to a potential buyer if she was selling, and, supposedly, to get rid of everyone now so that she can renovate and increase the rent.

: Some people think I should just STAY.  I think I need ta talk to a lawyer.
: (I have a couple lawyers to call). 


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