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Posted by Marta on March 05, 2000 at 11:48:05:

In Reply to: eviction procedures posted by Mindy on March 04, 2000 at 16:54:48:

: First and most important, are you a rent stab or rent control tenant?
If rent stab, I would wait until I get the Court Hearing notice. I would go to Court armed with all the pertinent documentation, including the rent abatement issue. The Judges usually are very fair, but, if things don't go well in court, you can always offer to pay the full balance on the spot, or make instalment payment arrangements. Judges are usually very receptive to this. So you don't have much to lose.
As per legal advise, you can go to Housing Court and talk to the free legal counsel on the ground floor. They are not the most helpfull, but the can give you basic information. If you want to hire a lawyer, read the legal decisions that they post on this site, every case lists the lawyers'and you can pick the ones who you liked based on the case they worked on.
Good luck,

: My landlord initiated procedures by sticking a note on my door with a demand for rent payment within 9 days.
: The note shows the total amount due for each week going back about 1 and 1/2 years. He did not subract any payments I made during that time, nor did he subtract 2 months for which he gave tenants a rent abatement.

: This means a show in court.

: I have the money to pay him the owed rent and am able to make weekly, full rent payments.

: My question is how to best pay this. Giving him the money wihin the next week seems unnecessary since I cannot pay the full amount which does not include my payments. Or, am I missing something?

: Would it be acceptable to present the payment to him in court during the hearing while I show the judge my receipts of rent payment and the actual amount I owe.

: Or is there an advantage to send the (corrected) payment amount to the landlord this coming week via registered mail?

: How long does it usually take, in NYC, from the time notice is given to the tenant and the court hearing?

: Lastly, can you refer me to a NYC source of counsel on eviction procedures?

: Thanks in advance, Mindy

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Comments:
: : First and most important, are you a rent stab or rent control tenant?
: If rent stab, I would wait until I get the Court Hearing notice. I would go to Court armed with all the pertinent documentation, including the rent abatement issue. The Judges usually are very fair, but, if things don't go well in court, you can always offer to pay the full balance on the spot, or make instalment payment arrangements. Judges are usually very receptive to this. So you don't have much to lose.
: As per legal advise, you can go to Housing Court and talk to the free legal counsel on the ground floor. They are not the most helpfull, but the can give you basic information.  If you want to hire a lawyer, read the legal decisions that they post on this site, every case lists the lawyers'and you can pick the ones who you liked based on the case they worked on. 
: Good luck,

: : My landlord initiated procedures by sticking a note on my door with a demand for rent payment within 9 days.
: : The note shows the total amount due for each week going back about 1 and 1/2 years. He did not subract any payments I made during that time, nor did he subtract 2 months for which he gave tenants a rent abatement.

: : This means a show in court.

: : I have the money to pay him the owed rent and am able to make weekly, full rent payments.

: : My question is how to best pay this. Giving him the money wihin the next week seems unnecessary since I cannot pay the full amount which does not include my payments. Or, am I missing something?

: : Would it be acceptable to present the payment to him in court during the hearing while I show the judge my receipts of rent payment and the actual amount I owe.

: : Or is there an advantage to send the (corrected) payment amount to the landlord this coming week via registered mail?

: : How long does it usually take, in NYC, from the time notice is given to the tenant and the court hearing?

: : Lastly, can you refer me to a NYC source of counsel on eviction procedures? 

: : Thanks in advance,  Mindy


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