TenantNet Forum

Where tenants can seek help and help others



Eviction Questions

Rights for non-regulated tenants

Moderator: TenantNet

Eviction Questions

Postby jellyfish » Sun Nov 02, 2003 12:01 am

I signed a Stipulation Agreement with my landlord a few months ago which agreed on a "pay out" schedule to pay the back rent I owed in monthly installments, and included a "Final Judgment", meaning that if I am late or miss a payment, they can evict me. It also gave me the right to get an "Order to Show Cause" to go before a judge in the event of an eviction.

I was careful to pay the rent and monthly settlement payments on time, but one of my checks bounced. As soon as the landlord notified me I gave them a replacement check which cleared, and then I was fully paid up to date. But they still chose to issue an eviction notice, and they also have refused to accept my November rent check, even though they had subsequently accepted 2 rent checks and 2 settlement payments from me since the check bounced.

I got a signed Order to Show Cause, which stayed the eviction, and gave me a court date to go before a judge.

My first question is, if I'm fully paid through October and am ready to pay my November rent, can the landlord still evict me on a technicality that I was in default of the Stipulation Agreement at the time the check bounced?

My second question is, if I could pay the entire amount due the landlord tomorrow, would that make this whole process moot?

My third question is, is the judge likely to rule in my favor, or the landlord's?
jellyfish
 
Posts: 1
Joined: Sat Nov 01, 2003 2:01 am
Location: New York

Return to NYC Non-Regulated Apartments

Who is online

Users browsing this forum: No registered users and 20 guests