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Five Day Notice to Tenant

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Five Day Notice to Tenant

Postby InBrooklyn » Sat Mar 10, 2018 12:49 pm

I always pay my rent by through the Citibank service that sends checks automatically. The rent used to go to some payment center in New Jersey, but I guess that recently changed and now they want the rent sent to the main management office in Brooklyn, which is the way it used to be.

Since I was away on a trip and hadn't been paying attention, I didn't notice the change of address on the rent bill, or that the last two rent checks I'd had Citibank send to the old address hadn't cleared.

Now, yesterday, Instead of calling me and telling me that my rent was overdue, I got this "Five Day Notice to Tenant" paper "served" to me at my door just like a subpoena.

My landlord wants to get me out for the same reason that all landlords want their old rent stabilized tenants gone in booming Brooklyn. My question is: What should I do now? The money is no problem, I just need to pay it in such a way that they can't deny having received it.

I'm also wondering if there are other traps I need to be watching out for here. Can they use these late payments to build a case against me to get me evicted? I guess I need to call a lawyer, but I would be grateful for any advice anyone could give me. Thanks very much.
InBrooklyn
 
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Re: Five Day Notice to Tenant

Postby TenantNet » Sat Mar 10, 2018 5:03 pm

What to do now? Pay the rent (unless you have a good reason not to). Cancel the old checks that didn't clear.

If you really want to do it with no questions being asked, you can pay at the LL's office, but make sure to get a receipt (or a witness). Otherwise you can pay by certified mail, but the LL might jump the gun and start a court proceeding. You can also use a Certificate of Mailing which costs less. Otherwise you can use the bank to pay at the old address. It's your choice.

You might want to call the LL, explain the problem and tell them the rent is on the way. Some LL's might be rational and give you an extra week or so.

You don't need a lawyer at this point. Save your money.
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Re: Five Day Notice to Tenant

Postby InBrooklyn » Sat Mar 10, 2018 7:56 pm

Thanks for the reply. Should I get a cashier's check, or something like that, if I go to the management office?

Also, there's the management office and the landlord himself. The LL has always seemed like a reasonable person while the people in the management office . . . not so much. Which is better to deal with for this?

Thanks again.
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Re: Five Day Notice to Tenant

Postby TenantNet » Sat Mar 10, 2018 8:59 pm

It would give them one less reason to make a fuss.

Look, this is not a big deal - even though it may seem so to you. If you end up in court, your explanation - as you've laid out here - is incredibly rational. If they give you a fuss, then a defense in court would be that you offered the rent, but that it was refused. That's why you do what you need to do to document what happens at this point, but you don't need to go to extraordinary means.

Judges have dockets that are over-flowing and they just want to get the cases off the docket. If you walk into court with the rent, the court would likely discontinue the case.

You could - if you wish - use the opportunity to press for repairs if that's an issue.

OTOH, it's best to avoid court unless you have a good reason to let that happen. There is a thing called the tenant blacklist that affects those that might be looking for a new place in the future.

There is also a thing called chronic non-payment where a tenant repeatedly falls behind, forcing the LL to repeatedly start court proceedings. You are nowhere near that now.

You can call the LL and tell them you had the bank send the rent, but it went to the wrong address. So now you need to get it to the right place. Give them a reasonable number of days and ask them to hold off for a few extra days.

Just pay the rent and document it.
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Information from TenantNet is from experienced non-attorney tenant
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Re: Five Day Notice to Tenant

Postby InBrooklyn » Sun Mar 11, 2018 10:59 pm

Thanks again for your help.
InBrooklyn
 
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