Three Day Demand

[205]

I have been living in a rent stabilized apartment for over ten years, and have been pretty good overall with my monthly rent responsibility. Lately, I've been out of work. I just payed December last week (today is 1/22). Today I received what I had feared the most. A THREE DAY DEMAND tacked on my door. Technically now I am three weeks late on January's rent, legally, they have not cashed December's yet, and are holding me for two months rent plus late and legal fees. My question is, has anyone heard of this notice? I have a week to settle all fees. while I have every intention of catching up, how much trouble am I in? If I don't make the deadline with ALL fees listed (say I pay outstanding rent but am short late fees), can/will my landlord pursue further litigation and commence summary proceedings to possess mi casa? Being the oldest tenant in the building doesn't help -- I'm sure he'd love to double the rent here.

[HAJ77]

Since your LL has already given you a 3-day notice to cure (it's probably not a demand, but a legal noticed), it's a pretty safe assumption that they're preparing to start a non-payment proceeding against you in Housing Court.

I am confused about why you are shocked/suprised about getting a 3-day notice, you admit you haven't paid your rent, so legally the LL has the right to commence a non-payment proceeding and the first step is giving the 3-day notice to cure.

If at all possible, just pay the money you owe including late fees, because chances are the LL is looking to get you out and you've given him the perfect opportunity. As bad as it all sounds, chances are you won't get evicted, the judge would probably order you to pay the amount owed and a reasonable late fee, however the time and money of defending yourself will not come cheap. Do a search of the archives for non-payment, it should have a lot of information about the process.