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Posted by Marta McLoughlin on June 23, 2000 at 13:59:09:

In Reply to: NYS rules re eviction notices posted by kamichelle on June 19, 2000 at 15:21:21:

: As shown in my previous post here, I am having trouble with my landlord because I could not pay the full $950 due this month. I owe nothing besides the $550 that I could not pay for June 2000. I will be paying that before the end of the month.

: In the meantime, I have received an eviction notice from the landlord (typed by his wife) that is demanding that we be out by July 12, 2000.

: We had told the landlord as of June 5 that we would be moving (of our own accord) by August 1 2000. Now this notice demanding that we leave by July 12!

: Although our lease was not renewed since it ended in January 2000, the landlord has accepted all rent payments, and held us to the points about non-payment and care of property as described in the lease. All rent payments are due on the 1st of the month (grace period to the 5th). As such, can he just give us notice in the middle of the month that we have to be out by the middle of the next month? I thought that if the rent was due by the 1st, he had to give us notice by the 30th of June that he wanted us out by the 1st of August.

: Please Help!

: /kam

As you read in tenant.net, your landlord has to send you an official eviction notice, not just a registered letter. Until you receive the official notice, I wouldn't worry about it. When you receive the official eviction notice you have to go to housing court and explain your situatiuon to the judge, this will take a while. If you are going to be moving out by 8/1, don't lose any sleep worrying about this, it will be 8/1 by the time you have to go to court. At the hearing you can then tell the judge you had informed the landlord you were planning to move by 8/1, that the landlord knew it, but they still chose to go ahead with the eviction.
Good luck

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Comments:
: : As shown in my previous post here, I am having trouble with my landlord because I could not pay the full $950 due this month.  I owe nothing besides the $550 that I could not pay for June 2000.  I will be paying that before the end of the month.

: : In the meantime, I have received an eviction notice from the landlord (typed by his wife) that is demanding that we be out by July 12, 2000.

: : We had told the landlord as of June 5 that we would be moving (of our own accord) by August 1 2000.  Now this notice demanding that we leave by July 12!

: : Although our lease was not renewed since it ended in January 2000, the landlord has accepted all rent payments, and held us to the points about non-payment and care of property as described in the lease.  All rent payments are due on the 1st of the month (grace period to the 5th).  As such, can he just give us notice in the middle of the month that we have to be out by the middle of the next month?  I thought that if the rent was due by the 1st, he had to give us notice by the 30th of June that he wanted us out by the 1st of August.

: : Please Help!

: : /kam

: 
: As you read in tenant.net, your landlord has to send you an official eviction notice, not just a registered letter. Until you receive the official notice, I wouldn't worry about it. When you receive the official eviction notice you have to go to housing court and explain your situatiuon to the judge, this will take a while. If you are going to be moving out by 8/1, don't lose any sleep worrying about this, it will be 8/1 by the time you have to go to court. At the hearing you can then tell the judge you had informed the landlord you were planning to move by 8/1, that the landlord knew it, but they still chose to go ahead with the eviction.
: Good luck


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