Served Housing Court Date, how to proceed

[lookingtomove]

I received in the mail today a Notice of Petition to Recover Real Property.

I was never mailed a 3 day or quit letter. Is that required by NY State law? In December I did receive a letter demanding November and December rent, however at the dating of the letter December rent was not yet due. In the letter it states, "This letter is official notice that you are in default of your tenancy for failure to pay rent. Please remit payment in full to avoid further legal action." Nowhere in the letter does it state the full amount due, though it would have been the wrong amount since December was not yet due, let alone overdue.

There are 3 things wrong with this petition. They never did demand January or December rent, date rent is due is wrong and lease terms are wrong. Do I need to address each of these errors all together or can I address them individually.

Basically, what's my next step? I'm looking to drag this out as long as possible before presenting my defense that this is an illegal apartment.

I do not live in NYC or anywhere near, so I'm looking for state law, not NYC housing court procedures. thanks!

Edited: to correct spelling error in subject line.

[Emeraldstar]

Hi All
What date is your rent actually due on your lease? Most leases are the 1st of the month but some tenants move in mid month. They get pro rated then the next month is the 1st. I'm baffeled why a notice in Dec would not include Dec? I can't answer the NYS law question. I'll leave that to others who may have more knowledge.

[lookingtomove]

My rent is due on the 15th of the month and says so in my lease.

I also have a question about oral demands. Does the person have to speak to me, or is a message left sufficient to cover the oral demand requirements? If a message left is sufficient does the amount due and dates due have to be spoken?

Thanks!

[Emeraldstar]

Hi All
Did you pay Nov. & Dec? Is the check cashed? As for the next step you have to ans. the petition. Bring a copy of your lease.

[lookingtomove]

The apartment is an illegal apartment. Rent isn't owed.

My question is about how to address all the errors in the petition. Can I address them one at a time, getting a dismissal each time or do I have to address them all at once?

And, we were not served properly. I've heard that this is grounds for dismissal, is this correct?

Yes, I know they will refile. This is fine. I want to make them refile as many times as possible before I submit that the apartment is illegal and they cannot legally evict me.

[TenantNet]

Best do it all at once. Put it in the answer and ask for a traverse. But also consider making a motion. Depends on the procedures of your local court.

Your strategy could backfire and get the court pissed at you.

[lookingtomove]

Thanks TenantNet! So all at once. I don't want a pissed court!

[TenantNet]

There are times when certain strategies can be followed, but you really have to know what you are doing and court procedures. That's not the sort of thing I would suggest for a tenant uneducated in legal principles and procedures. Even experienced attorneys are cautious. If you want to catch the LL in a lie, you can make your own counterclaims, let the LL answer your claims and then reply to those. But remember the initial papers are not a trial. Motion practice is something else, and depending on the court and the judge, can be on papers and oral arguments. Your LL might be scum, but how good is the LL lawyer?

[lookingtomove]

I'm gathering that the LL lawyer isn't that good considering he's allowing all the incorrect information, that oral demands were not made, written demands were also not made AND we were served improperly.

In addition, I am sure, based upon the petition, that they do not have a copy of the lease.

[lookingtomove]

Tenant, regarding the oral demands, do you know if leaving a message is sufficient? In none of the messages was amount due stated. And I still have them saved.

[ronin]

No, leaving a message doesn't guarantee that you heard the oral demand. The person would not be able to say that they told you to your face. You could produce the message as proof that they are lying.

[lookingtomove]

I got a dismissal based on the errors in the petition but the judge didn't agree with me about oral demands or my case of saying it's illegal, no cert of occ, etc. He literally laughed at me and said, "So you think this means you can live there until the end of your lease and not pay rent?" I responded that that was what the law said.

Then I shut up because I wasn't getting anywhere with him. I think I got lucky that the LL made so many errors on the petition.

[TenantNet]

What Borough? What judge?

Could be a blessing in that the next time the LL will not make so many mistakes, but your case should be better as well.

Many judges operate on whims, not the law. You will find if you have a lawyer who knows what is going on, your chances are better, albeit for a cost. Some times they ignore mandated law; other times things are within the court's discretion.

Also, some times written motions will result in written decisions ... things that people can appeal, and also things that judges will want to well thought out when they come up for reappointment, or for seeking election to a higher court.

[lookingtomove]

This isn't in NYC. I did present him with the case law and he basically didn't believe what he read with his own eyes.

I will have an attorney when the LL files again. Silly me, I thought the law was the law. period. at myself.

[TenantNet]

We're all so silly. God forbid we might even think that Tenant Protection Laws are meant to protect tenants. Or that we live in a democracy?