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Posted by Lou on March 15, 1999 at 19:17:08:

In Reply to: Rent Increase, But Landlord Did Not Offer Renewal Lease posted by Mark Smith on March 15, 1999 at 05:05:55:

: If you have to lose time from work to put in a verbal answer and again to appear in court, you probably should hire a lawyer to put in a motion to dismiss, with a demand for your attorneys' fees, pursuant to Real Property Law §234, because the landlord didn't offer you a renewal lease, but is attempting to charge you a higher rent.

: Defenses of improper service may result in a traverse hearing, and even if you win, the landlord can bring another non-payment action against you, resulting in more time lost from work. If your lawyer can get an order and judgment, including your attorneys' fees, ON THE MERITS, this would be better than dragging this thing out. It would also probably cure your landlord of ever doing this again.

I stopped by HC before work this morning: the petition was not filed so I could not answer yet. The clerks stated that the 5 days start when the landlord files. Perhaps the landlord will answer my registered letter instead.

I had not expected to receive a petition and was out of town when it arrived. I have not yet had time to search for a lawyer.

I did not want to accidently close any options or lose any rights by answering in person.

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: : If you have to lose time from work to put in a verbal answer and again to appear in court, you probably should hire a lawyer to put in a motion to dismiss, with a demand for your attorneys' fees, pursuant to Real Property Law §234, because the landlord didn't offer you a renewal lease, but is attempting to charge you a higher rent.  

: : Defenses of improper service may result in a traverse hearing, and even if you win, the landlord can bring another non-payment action against you, resulting in more time lost from work.  If your lawyer can get an order and judgment, including your attorneys' fees, ON THE MERITS, this would be better than dragging this thing out.  It would also probably cure your landlord of ever doing this again.

: I stopped by HC before work this morning: the petition was not filed so I could not answer yet.  The clerks stated that the 5 days start when the landlord files.  Perhaps the landlord will answer my registered letter instead.

: I had not expected to receive a petition and was out of town when it arrived.  I have not yet had time to search for a lawyer.

: I did not want to accidently close any options or lose any rights by answering in person.


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