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Posted by Mark Smith on July 25, 1999 at 12:30:30:

In Reply to: security or last months rent posted by Joe on July 25, 1999 at 11:36:58:

If you live in New York, there is little that your landlord can do to get you out that quickly.

If you can find a new place very quickly, try not to be served personally with the legal papers, and do not put in an answer. However, the landlord's process server may claim that he or she used "due diligence" to serve you, to give the court personal jurisdiction. If the court doesn't have personal jurisdiction, it can issue a default judgment of possession against you, but not a money judgment.

If you can't move very quickly, put in an answer with as many defenses and counterclaims as you can, and ask for adjournments. Look on TenantNet for possible defenses and counterclaims. Then try to negotiate with the landlord's attorney for a stipulation, with the court retaining jurisdiction. The stipulation should provide that you and the landlord will inspect the apartment, and if everything is satisfactory, the security deposit and the last month's rent will offset each other.

: Our landlord has informed us, after 2 years, that he no longer wants to rent to us, based on neighbor complaints, who, at the time, have lived there for two weeks. We rent month to month, with no lease. I decided not to pay my last month's rent and let him keep the security deposit. This is the only way I can afford to pay security for a new apartment. But he says that, since I didn't pay lasts month's rent, he will bring me to court. Do I have any rights or recourse, or am I at the mercy of my landlord and will I be living on the street for a month, til I can afford another apartment?

Follow Ups:

• Re: security or last month's rent EDUCATED TENANT 7/27/99 (2)
  • Re: security or last month's rent Mark Smith 7/27/99 (1)
    • Re: security or last month's rent educated tenant 7/28/99 (0)

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: 
: If you live in New York, there is little that your landlord can do to get you out that quickly.

: If you can find a new place very quickly, try not to be served personally with the legal papers, and do not put in an answer.  However, the landlord's process server may claim that he or she used "due diligence" to serve you, to give the court personal jurisdiction.  If the court doesn't have personal jurisdiction, it can issue a default judgment of possession against you, but not a money judgment.

: If you can't move very quickly, put in an answer with as many defenses and counterclaims as you can, and ask for adjournments.  Look on TenantNet for possible defenses and counterclaims.  Then try to negotiate with the landlord's attorney for a stipulation, with the court retaining jurisdiction.  The stipulation should provide that you and the landlord will inspect the apartment, and if everything is satisfactory, the security deposit and the last month's rent will offset each other.

: 
: : Our landlord has informed us, after 2 years, that he no longer wants to rent to us, based on neighbor complaints, who, at the time, have lived there for two weeks. We rent month to month, with no lease.  I decided not to pay my last month's rent and let him keep the security deposit.  This is the only way I can afford to pay security for a new apartment.  But he says that, since I didn't pay lasts month's rent, he will bring me to court.  Do I have any rights or recourse, or am I at the mercy of my landlord and will I be living on the street for a month, til I can afford another apartment?



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