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Posted by John on May 06, 2000 at 22:20:04:

In Reply to: 'stale' rent posted by Elle on May 06, 2000 at 17:17:50:

Do you have your first lease and/or all your previous rent receipts? When you say SRO dewelling do you mean you rent a legal SRO or just paying someone weekly for the use of that room? Where do you live? How many months do you owe?
If the landlord didn't make a claim for the previous rent beyond 3 months, in some places it is considered stale rent. If you have been paying rent on time and regularly since then then the stale rent rule should apply.
If the landlord has you as a month to month tenant, remember he can cancel your lease with a 30 day notice. Be sure the landlord didn't claim that past due rent or that he just considered your rent behind by 30 days or 60 days and documented it. If you don't keep rent receipts then you are screwed, because the landlord can claim you owe a ton of money and you don't have any proof to you paid.

Good luck.

: I live in a SRO dwelling and pay rent by he week, no
: lease.

: My landlord is suing me for non-payment.
: So far I received a demand to pay.

: I met with a pro se attorney at housing court and he
: suggested laches as a defense.

: Would like more detail about this defense. Is there a
: limit as to how far back a landlord can collect rent?

: In a housing info booklet I picked up it is also said
: that stale rent includes situations whereby a landlord
: deliberately lets the tenant run up a big bill so the
: tenant will be unable to pay and is easily evicted.

: How would you prove something that is essentially
: intent or a motive?

: My landlord is trying to collect rent from
: the beginnng of 1998 and just a few days ago made his
: first attempt to collect.

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Comments:
: Do you have your first lease and/or all your previous rent receipts? When you say SRO dewelling do you mean you rent a legal SRO or just paying someone weekly for the use of that room? Where do you live? How many months do you owe? 
: If the landlord didn't make a claim for the previous rent beyond 3 months, in some places it is considered stale rent. If you have been paying rent on time and regularly since then then the stale rent rule should apply. 
: If the landlord has you as a month to month tenant, remember he can cancel your lease with a 30 day notice. Be sure the landlord didn't claim that past due rent or that he just considered your rent behind by 30 days or 60 days and documented it. If you don't keep rent receipts then you are screwed, because the landlord can claim you owe a ton of money and you don't have any proof to you paid. 

: Good luck.

: : I live in a SRO dwelling and pay rent by he week, no 
: : lease.

: : My landlord is suing me for non-payment.
: : So far I received a demand to pay.

: : I met with a pro se attorney at housing court and he 
: : suggested laches as a defense. 

: : Would like more detail about this defense. Is there a 
: : limit as to how far back a landlord can collect rent?

: : In a housing info booklet I picked up it is also said 
: : that stale rent includes situations whereby a landlord 
: : deliberately lets the tenant run up a big bill so the 
: : tenant will be unable to pay and is easily evicted. 

: : How would you prove something that is essentially 
: : intent or a motive?

: : My landlord is trying to collect rent from 
: : the beginnng of 1998 and just a few days ago made his 
: : first attempt to collect. 



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