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Should we file for a discountinuance or some other remedy?

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Should we file for a discountinuance or some other remedy?

Postby tenantp » Fri May 08, 2015 3:32 pm

Hello,
My husband and I moved out of our rented apartment end of December 2012. We just found out 3 years later that the landlord had filed a petition in landlord-tenant court for non payment. They claim we did not pay November and December 2012 rent and had served us with a rent demand by both registered mail and in person delivery. However, the landlord did not take any further action because they received the rent money in January 2013.
The question is what should we do? Should we file for a discontinuance with prejudice? Is there anyway to make the petition in court go away? What action can we take to clear our name?
We have always paid our rent on time and actually own two apartments now (this petition never showed up in any of those background searches). We have no idea how the payments were missed those two months and have no record of being served either personally or by registered mail. Plus since we are finding out about this 3 years later we have no papers or recollection of what happened, all we know is that we got our security deposit back in December 2012 and they received the rent payment January 2013. Please help! Any information would be greatly appreciated!!
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Re: Should we file for a discountinuance or some other remed

Postby TenantNet » Fri May 08, 2015 4:05 pm

You say the LL filed a Petition in Housing Court. You imply this is a current case, not something filed 3 years ago. Generally there is a six year statute of limitations for seeking back rent.

BUT ... this case should be dismissed because when a tenant is no longer in occupancy, then Housing Court is the wrong place to file a case. They would have to go to either Civil or Supreme Court. So go to court and explain you are no longer in possession.

Of course the LL can then go to Civil or Supreme Court, but it's not as easy as Housing Court.
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