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landlord claims he didn't receive rent check

Posted by harassed tenant on January 16, 2002 at 13:46:47:


I am a New York City tenant in a non-rent stabilized/controlled apartment. I have recently been (verbally) threatened with eviction by my landlord. After threatening this, a maintenance person for my building told me the landlord says he did not receive my rent check for this month. I have now left my landlord two messages requesting that he call me back about this, that I mailed the check at the beginning of the month (which I did). I have checked with my bank and it hasn't been cashed yet. My landlord has not contacted me. I am concerned that he is going to try to use this as a basis for eviction now, or at the least he is going to try to charge me the fee for late receipt of rent even though I mailed it in time. I will be sending my payment via certified mail from now on, but I am concerned too that he will just try to claim that there was no check in the envelope. Any advice re: this and whether or not I should refuse to pay the late rent fee would be appreciated. I received no notification of it until after the date for the late charge had already passed.

Regarding the original harassment, he threatened me after finding out that myself and other tenants are working on forming a tenant's association. There is a part of our lease rider that states that we cannot canvass to organize any type of association in the building, is this legal?

Thanks again - believe me I am documenting all contact I have with him and his workers at this point.

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