Petition Of Non-Payment without Prior Rent Demand?

[Fred Klein]

My GF and I have gotten behind in our rent. A week ago we handed the Super a Money Order (we always pay via M.O.) for November, 2003. We have had a tough few months- I was sick, and she is pregnant. We were waiting for my tax return to pay off the back rent we owe.

Today (Friday, 2/13/2004), we had two copies of a Petition of Non-Payment slipped under the door of out apartment. It's for Nov, Dec, and Jan rent, plus $100 for legal fees. There were some questions I had about it-

1) It has a date of 1/16/04 on it. Since that date, we paid for Nov. However, we now owe for Feb. Does this matter?

2) We never received a 'Rent Demand' (aka a 'Three Day Notice', I think). As I understand, that needs to be given to us first, right? Can this be used to have this thrown out of court?

3) Ironically enuogh, I just received my tax refund today, and have enough to pay for Dec, Jan, and Feb, as well as the $100 legal fee. What would be the best way to do this? Directly to the Super, like we pay normally? Thru the court? Or directly to the Landlord? One Money order for each amount, or one for the total due?

4) Do you think the landlord will extend our lease when it is up in October? :confused:

Thanks in advance.

[Cranky Tenant]

At this point the first thing you need to do is answer the petition, in person, at housing court - regardless of how you decide to pay the rent. Not answering the petition, or not showing up in court, could result in a default judgement and get you evicted.

If you want to pay it now, you should get a signed receipt so that you can prove in court that the rent is paid.

The court seems to be more concerned with the amount of rent the LL calims is owed rather than the months stated on the petition, since ll's often apply payment to past due balances first.

I have no idea whether or not you can get it dismissed because you weren't served with a 3 Day notice but, even if you can, it will only prolong the process. If you have the money you should just pay it, one way or the other, and get it over with.

.

[Anna]

"2) We never received a 'Rent Demand' (aka a 'Three Day Notice', I think). As I understand, that needs to be given to us first, right? ..."

NO: LL needs to SWEAR he SERVED you the Rent Demand; whether you received it or not is usually irrelevant. LL probably used those process servers who specialize in Sewer Service: they don't serve, then commit perjury on the affidavit and in court.

Learn more about the HC process:
http://www.tenant.net/Court/cwtfhc/index.html
http://www.tenant.net/Court/Howcourt/contents.html

3) you don't owe any legal fee until you go thru a trial and a judge says you do. Unless you want to voluntarily pay it... (that $100 is actually the Process Server's fee for not serving you the Rent Demand).

4) If apt is RS, LL is required to renew. If not, anyones guess.