I have to make a decision today and will call the disability court line later today. Can anyone tell me if there is something you think I need to tell them or ways I need to consider to stop from going to court on Friday because I am out of town and ill. This Friday is the court case date.
To make things short(er): I was diagnosed with an acute chronic illness and had surgery, I am backed up on rent because of hospitalizations and major surgery. Previously I paid on time and stellar until health issues increased. I have a unique rental agreement where they list rent weekly though I pay monthly. I've been there for 2 years.
I noticed a few things about what they say for ny court defense, while reading online and it seems they did not do things correctly and I might be able to get it dismissed to buy time. What do you think? My excuse to buy time and get a dismissal:
Things I think they were supposed to do did not happen correctly.
I read online that it says this in reference to Ny rent court cases(copy paste and see my response to how this was violated after) ----
Eviction for Nonpayment of Rent
Before a landlord can evict a tenant for failing to pay rent, the landlord must give the tenant a three-day notice, or demand for rent. The notice must state that the tenant has three days to pay rent or move out of the rental unit.....
My comment in reference to the above: I was given an email that stated that I needed to bring my rent current quote "Please bring your rent current by the end of March to avoid further action. " There was nothing that said there would be a 1) termination of the lease at all, there was no warning. 2)There was nothing that said that I had x days to bring it current or the lease would be terminated it just said to avoid further action.
Next
I was then sent a terminating tenancy letter via registered mail that says, " the party may terminate the agreement on 14 days' notice" however they did not give me 14 days. The date of termination was listed as May 27th 2018 and the date of the delivery of the item May 16th via messenger. I signed for it so they should have proof of that. It was also delivered to me out of state so I think they are using that as a delaying tactic of sorts because they are waiting till the last minute to give me the items. I informed them I was out of state as they were aware that I had to go there to recover from my chronic illness to stay with my family. So they did not give me warning of it nor did they give me an option to pay. It says I need to surrender the premises and nothing about restitution and payment remission.
Would this give me grounds for a dismissal while I prepare to try to get the one shot grant for emergency situations? (Emergency = health /emergency surgery/ chronic condition out of nowhere). What other grounds do I have on a weekly rental (I paid monthly but they made it weekly) which I've been at for almost 2 years?
One other quick note: I was served with papers to go to court 3 days before court date and it was delivered for me to sign as they knew I was out of state. Is that grounds to get some type of extension? Is it normal to have court cases so close that you have no time to prepare? There is a civil court house page that says :accommodations for disability. and a number. Would they be able to help. There is no way I can get back to NY by Friday.