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Posted by Mark Smith on May 05, 1999 at 23:24:32:

In Reply to: Restraining Notice to Garnish Landlord posted by Pat Spear on May 05, 1999 at 20:18:41:

The judgment creditor has no greater rights than the landlord. It is normal (although not legally correct) for tenants who are moving not to pay the final month's rent, as a way of making sure they don't lose their security deposit.

I would ignore the lawyer and not pay the May rent to the judgment creditor. If the judgment creditor sues you for the rent or brings a motion for contempt, you can seek the return of the security deposit -- wherever it is.

: I am a tenant in a two family dwelling in Yonkers, NY. I have recently been served a restraining notice to garnishee Linda Dos Santos (my landlord) and have been requested by the lawyer of the Plaintiff to render all rent checks to the lawyer and not my landlord. Prior to receiving the Restraining Notice, I made a early rent payment for April, and have so advised the lawyer. I have also advised the lawyer that I have given notice to the
: landlord of my plans on moving (landlord is currently in
: foreclosure with bank, who is not the plantiff in this case).
: The landlord has agreed that I can use my security deposit in lieu of May's rent.
: The Lawyer for the plaintiff is mandating that I send my May rent check to him. I'll never get my security deposit back from the landlord. What are my rights?

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Comments:
: The judgment creditor has no greater rights than the landlord.  It is normal (although not legally correct) for tenants who are moving not to pay the final month's rent, as a way of making sure they don't lose their security deposit.  

: I would ignore the lawyer and not pay the May rent to the judgment creditor.  If the judgment creditor sues you for the rent or brings a motion for contempt, you can seek the return of the security deposit -- wherever it is.

: 
: : I am a tenant in a two family dwelling in Yonkers, NY.  I have recently been served a restraining notice to garnishee Linda Dos Santos (my landlord) and have been requested by the lawyer of the Plaintiff to render all rent checks to the lawyer and not my landlord.  Prior to receiving the Restraining Notice, I made a early rent payment for April, and have so advised the lawyer.  I have also advised the lawyer that I have given notice to the
: : landlord of my plans on moving (landlord is currently in
: : foreclosure with bank, who is not the plantiff in this case). 
: : The landlord has agreed that I can use my security deposit in lieu of May's rent.
: : The Lawyer for the plaintiff is mandating that I send my May rent check to him.  I'll never get my security deposit back from the landlord.  What are my rights?


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