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Lease expired, management company filed papers

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Lease expired, management company filed papers

Postby dinosaurjockey » Tue Aug 02, 2011 12:09 pm

To make a long story short, my management company kept mailing my payments back to me. Finally, on 7/15 we agreed that I would mail in a payment for a little over 7k, they would accept it, and everything would be fine. I mailed the payment, 2 bank checks that they previously mailed back, and 1 personal check.

On 7/25 the building manager knocked on my door, and left me with an envelope. It was all 3 checks being returned from the "legal dept", along with a letter saying that a court case was filed and I should go to court immediately or I would be evicted.

I went to the court, they found the paperwork, and I have a court date for tomorrow 8/3. However, my lease was up at the end of July and I have sinced moved out. What will happen now that I no longer live there, and I'm still going to housing court?

Thank you!
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Postby TenantNet » Tue Aug 02, 2011 12:30 pm

This does not sound right. The court does not "find" the paperwork. The LL must properly serve you with legal papers. IF you weren't served, then that's your first defense. Did you put in an answer? Ask for a traverse where the LL must prove they served you with the papers. Read up on court procedure on this site.

It depends on when the proceeding commenced. Not knowing whether you were served, I can't say. Nor can we offer a strategy. If you moved out prior to the case being commenced, then the Housing Court lacks jurisdiction (but Civil Court would have jurisdiction). I would make that point. The HC case will seek possession of the unit, but it will also seek back rent.

Now that your out, do not pay them if you don't owe the money. And DO NOT agree to pay their legal fees.
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Postby dinosaurjockey » Tue Aug 02, 2011 12:35 pm

I was never served, all I received was a letter from the management company saying that he would not accept the checks, and that a case has been filed. That was it, so it definitely wasn't properly served.

I do owe back rent, and I cannot pay it all at once. how will that be handled?

They are hitting me with legal fees, and they state it's in the lease that I owe any and all legal fees.

Can I fight this in any way? My court date is tomorrow and I have no idea what to do. I feel so screwed at this point as I'll now be blacklisted from ever renting again in NYC!
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Postby TenantNet » Tue Aug 02, 2011 1:02 pm

The lease only gives them the right to seek legal fees. You do not owe the fees unless the court orders it. You also can seek legal fees (if you have a lawyer). In some case the court will award legal fees to the "prevailing party" but that's usually after a trial or successful motion practice. Most HC cases do not go to trial.

Then demand a traverse. Put in an answer. Get some legal advice.

Do not just admit to the back rent. There might be reasons for seeking a full or partial abatement. To the rent you do owe, you might be able to negotiate time to pay.

But you gave up all your negotiating leverage by moving out. Have you completely moved out? Returned keys, etc?
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Postby dinosaurjockey » Tue Aug 02, 2011 2:12 pm

Yes, the lease was up and I didn't extend it a few months ago when they mailed a lease extension. I didn't want to stay without signing a new lease.

I do not have a lawyer as I literally found out about this last week, as I was preparing to move. I thought everything was taken care of as I mailed full payment, however, the "legal" person returned payment and went on vacation.

I do not have a lawyer, I have to handle everything myself. I definitely wasn't served, nothing was mailed, nothing was signed, etc. When I met with the clerk, I advised that I wasn't served and he marked it down.

When I go to this meeting tomorrow, what are my chances of having this dismissed as I wasn't served? I don't want to be blacklisted for life. I can and will argue with their attorney, but what can I do now that I've moved out? I returned the keys, re-painted, cleaned, etc. I wasn't aware that I could stay even though I had a lease.

Thanks in advance!
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Postby dinosaurjockey » Wed Aug 03, 2011 11:59 am

Any words of advice? I have to leave in an hour, and have no idea what to do.
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Postby TenantNet » Wed Aug 03, 2011 12:34 pm

Did you read the documents in the court section of the web site?
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Postby dinosaurjockey » Wed Aug 03, 2011 12:36 pm

Yes, but I still don't really know what to do. I don't live there anymore, my lease is over, and I was never served.

Can I ask more time to hire an attorney, and to go the traverse hearing route?

Or can I make a deal with the LL attorney to pay all back rent, and to have this record expunged so I'm not blacklisted?
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Postby TenantNet » Wed Aug 03, 2011 12:46 pm

Yes, you can ask for an adjournment. Usually the first time on, adjournments are automatic (although that might depend which county you are in).

You can also ask for time to get a lawyer. (but you can do that only once).

If your answer cited lack of proper service, then you should demand a traverse. Ask the Court attorney, also ask the Pro Se attorney on the first floor (in Manhattan) and the tenant help table if they are still in business.

I would not agree to pay if you have a defense. And certainly do not agree to any legal fees. If you do that, then don't bother asking anyone for help.

We have a section on blacklisting.
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Postby dinosaurjockey » Wed Aug 03, 2011 12:58 pm

I fell behind on rent due to being sick, and my girlfriend losing her job. I didn't withhold payment due to maintenance issues.

I'm assuming I'm better off with an attorney for a traverse hearing.

I couldn't find a section on blacklisting. I found a few questions that people have asked. can you point me in the right direction?

Thank you
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Postby TenantNet » Wed Aug 03, 2011 1:51 pm

It's in the Forum's Reference Section.

Also consider if it's a non-payment proceeding or a holdover. Procedures are different for each.

It appears they are rushing this - even though they knew you were moving out - to get a HC decision. Coming after you in Civil Court is harder (albeit not impossible).
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