Eviction Notice

[freeze1617]

Today in the mail I recieved a eviction notice from the city marshalls office. I have never been to a court hearing or been given any notice, 3 day etc. My landlord is mad that i called the housing department and she recieved violations for no heat, no hot water, tiles falling off the walls. so she stop cashing my checks so now im a non payer. I always thought that I would have to get my day in court before i was evicted

[HardKnocks]

Isn't this retaliation, and against the law? How can OP prove this, as well as prove that he/she did send the rent checks?

[consigliere]

You must go immediately to the Landlord-Tenant (Housing) Court clerk's office and get an Order to Show Cause. Bring the marshal's Notice of Eviction with you.
 
You'll be able to make a copy of the court papers, including the affidavit of service. The clerks and/or the pro se attorney should be able to help you fill out an affidavit, in which you'll state that you were not served with the housing court papers, that you tendered the rent and the landlord did not cash your checks, and that you weren't properly served with the Notice of Eviction.
 
A judge will probably sign the Order to Show Cause, which you will then have to serve on the landlord and on the marshal. This will block the eviction until you return to housing court for a hearing.
 
At the hearing, you will tell the judge that (1) you complained about conditions in your apartment and/or in public areas of the building, (2) violations have been issued by HPD, and (3) you tendered the rent and the landlord did not cash your checks.