Question about being evicted

[Marcy19]

I have been living in my apartment for over 4 years. My apartment is not rent regulated and I have not had a good relationship with my landlord. He continues to hit me with high increases and lack of service in my apartment.

Due to hardships in my life, I wasn't able to pay the full rent since February. I always sent a payment but it was never for the full amount. At present, I owe $1550 in back rent.

About 2 weeks ago, my landlord sent me a five day notice, stating that if I didn't pay the full amount due by 6/23, that I was going to be evicted.

The notice was not on legal stationary...it was a typed up document.

I then drafted a letter to the landlord and proposed a payment plan. I also asked him to deduct the late fees from the total amount since I had been making regular payments. The way the document phrased my back rent was by breaking it up by month so it appeared as if I have not paid my rent for the past three months, which is not true.

Also, I have severe water damage in my bathroom. Both the super and the landlord are aware of this damage. My ceiling caved in and I have a gaping hole in my ceiling.

So I took pictures of the damage and sent it with my letter to the landlord via priority mail. I thought by showing the landlord that (1) I have been making regular payments and (2) I have been living in unhealthy, unsafe conditions, that he would feel compelled to agree to the payment plan. I then followed up the letter with two phone calls to the landlord and left 2 voicemails. He has yet to return my calls.

Today, under my door, I got a pink slip from the post office, saying that there is a certified letter there from the landlord. I am afraid to pick it up in case it is a depossess (sp?) notice.

Also, I got my most recent rent slip (for July) today and not only did the landlord tack on $150 in late fees but he also added $45 for legal fees.

My question is....can he do this? Is this legal?

Can he evict me at a moment's notice? If not, how much time do I have?

My lease is up on 7/31 and I do not plan to renew it. I plan to move out by that date.

Also, I guess this means he has rejected my payment plan since he has not removed the late fees and even added more! Do I have any rights? Especially since I have lived with this caved in ceiling and gaping hole in my bathroom since March.

I'm extremely nervous and keep thinking that I am going to come home to my personal belongings on the street and a bolt on my door.

Help!

Thanks in advance to all who answer my post...

Marcy

[queenswoman]

First of all a landlord can't legally lock you out of your apartment. Keep proof with you at all times that you live in the building (such as a Con Ed or phone bill). If he does lock you out your first move should be to come back with the police as this is a criminal offense. Also if he does lock you out of your apartment he is liable for up to 3 times the dollar amount of of your possessions that he throws out. Also perhaps it is better to send him a letter informing him of this law for your peace of mind and to decrease the likelihood of this happening.

To evict you he must properly serve you with an eviction notice (that means a process server must personally hand you an eviction notice.

It is good that you have evidence of the violations in your apartment -this will be very useful in getting a rent abatement when the case does go to court.

Also if he does serve you with an eviction notice it takes time to be evicted. It takes 3 -6 months. If the building is not registered as a multiple dwelling or he is renting out an illegal basement to someone then the case should be dismissed until those violations are corrected.

If it does go to court it might be cost effective for you to hire a good lawyer.

[Marcy19]

Hi QueensWoman,

First of all, thanks for answering my question so fast. It gives me a little relief.

After reading your reply, I do have some additional questions as this is all new to me so please bear with me.

1. In regards to the landlord properly serving me with an eviction notice...

Can he give the notice to the super to hand over to me? Can they slip it under my door and then say they handed it to me? Do I have to sign to show evidence that I have received it?

2. In regards to getting a rent abatement when the case does go to court....

What is a rent abatement? Like I mentioned before, this is all new to me....

3. In regards to it taking 3-6 months to be evicted...

So, in other words, since I am moving in a month, I should be okay? I am just worried that this man will harrass me and make it hard for me to live in the apartment. I'm afraid to tell him that I am not renewing my lease because I am afraid that he will try to force me out. I was going to wait until 2 weeks before I move to notify him of my moving.

To be honest, I have a feeling that the super is renting the basement out illegally without the landlord knowing it but to be honest, I don't want to stir up trouble. I just want to make sure I am not evicted in the next month.

Finally...4. In regards to your advice about getting a lawyer...

I'd like to get an affordable one...any advice? I was thinking of seeking out the Legal Aid Society but wasn't sure.

Again, thanks for your advice...you have definitely allayed my fears a bit. I can now go to sleep and rest easy for tonight.

Take Care,
Marcy

[Cranky Tenant]

Ditto Queenswoman.
You're entitled to due process. The landlord can't evict you without bringing you to court and getting an eviction order signed by the judge. Most likely the certified letter was a notice that he's bringing a non-payment suit. THis is normally served in three ways. such as certified mail, regular mail, and tacked to your door. You may also receive a post card from the court.

Once you receive notice you should go directly to court to answer the peitiion and arrange a court date. Answering the petition will give you mre time . If you ignore it , the landlord could get a default judgement.

When you appear before the judge you can ask for a rent abatement for "warrant of habitability" With luck, this could work out to the difference between the amount you've already paid and what the landlord says you owe.

Tenant.net has several guide that explain the process and plenty of other invaluable information at

http://www.tenant.net/Court/Howcourt/contents.html

<small>[ July 01, 2003, 12:45 AM: Message edited by: Cranky Tenant ]</small>

[Marcy19]

Thanks Cranky Tenant!

I checked out the link and there are some great resources there.

Regarding the notice.....should I pick up the certified letter at the post office or will I definitely get a postcard in the mail? I don't want to ignore the letter and then have the landlord win the case by default judgment.

Thanks again for your advice....I really appreciate it!

--Marcy

[Chimera]

Always pick up certified mail and legal notices. It is better to know than not to know.

[Marcy19]

I took your advice, Chimera...thanks!

So it is official....the letter I picked up at the post office this morning is the Notice of Petition of Non-Payment.

Now after reading the various info on this site, I don't think I was served properly.

I have only received this letter certified. I have to yet to receive one personally or have one taped to my door or placed under my door. I live alone so there is no one else living in my apartment that can accept the notice.

Is this correct?

Also, he placed a copy of the five day notice he originally sent me (this one is different than the one I got certified) and there's also a notarized letter from someone who claims they served the same five day notice to someone at my apartment on 6/16 at 1:39pm. The person's description doesn't fit anyone I know and on this day and time, I was at work. So I am clueless about this.

Can he get away with claiming I was served a five day notice prior to the dispossess when I wasn't? I received this notice in the mail on 6/20.

I'm surprised that my LL would go through all this trouble AND make false statements about serving me. Can't the case be dismissed if he doesn't follow procedure correctly?

I'm going to Brooklyn Housing Court tomorrow and will also make an appointment to see someone at Legal Aid.

Hopefully, I can resolve it quickly....it sounds to me like he wants me out of the apartment and I am gladly leaving because I had planned on not renewing my lease at the end of July anyway (even before this all occurred).

Thanks again,
Marcy

[consigliere]

Also speak with the pro se attorney in housing court.
 
Make sure that your answer includes that (1) the rent demand was not properly served and (2) the notice of petition and petition were not properly served.
 
Check the affidavit of service by the process server. More than one attempt should have been made to serve you. If you were not served personally, you should have received (a) a copy on or under your door, (b) a copy by regular mail, and (c) a copy by certified or registered mail.
 

[Marcy19]

Thanks for your advice, kt8783 and consigliere...

I did go to Brooklyn housing court this morning and "answered" the petition. My court date is scheduled for Thurs, July 10th.

kt8783: I wish I had read your post prior to going...I did everything you said EXCEPT checking "general denial" and requesting a rent abatement. Will this hurt me in court?

In Brooklyn and Queens, you have to call the inspector to make an appointment and cannot do so until the next business day. Since tomorrow is a holiday, I can't call until Monday. But I will make sure to get that appt.

Also, I wasn't able to see a Pro-Se attorney today so I'm going back Monday to see one.

I do have pictures of the damage and I also have a letter from my boss on company letterhead, saying that I was at work when supposedly I was served the five-day notice.

The woman who took care of my request noticed that they spelled my name wrong on the notice which I didn't think was a big deal since it happens all the time...they spelled it as "Mary" instead of "Marcy". She told me to check that off on the form I had to fill out and to bring ID with me to court to show the judge. She keeps telling me to make sure I bring in ID...that it is very important. What does this mean?

Thanks again and have a happy 4th,
Marcy

[ig0234]

in response to the last point of your post, the answer is yes.

They can then try to send a collection agency or attorney to enforce the monetary judgement. It may show up on your credit report....