Posted by Mark Smith on July 27, 1999 at 16:56:16:
In Reply to: Re: security or last month's rent posted by EDUCATED TENANT on July 27, 1999 at 15:44:34:
I believe that my advice is correct. Many process servers routinely lie so that the landlord can get a default money judgment. They say that they used "due diligence" [CPLR §308] to serve the three-day rent demand, as well as the notice of petition and petition, instead of the normal "reasonable application" requirements for landlord-tenant cases [RPAPL §735].
Furthermore, if you hire an attorney, a good attorney will use every possible legitimate defense and/or counterclaim to defend a case. There is no reason that a tenant appearing pro se should not do the same for himself or herself.
: : Hey Mark -- for a person who gives rational
advise (a first for this website)
: don't tell people to play games, avoid service
and make up invalid counterclaims etc. Remeber
moral and honest behavior. The truth will set
: : 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
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