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Posted by the original me on February 21, 2002 at 17:58:33:

In Reply to: Re: the original me posted by doggedout on February 20, 2002 at 14:24:15:

OK-- I reread your post a few times and I think I understand the problem. The LL gave you a preferential rent and the lease said the preferential rent would be withdrawn (in the next lease?) if you paid late.
A novel issue. The case might set a precedent. It would be a shame for the result to be skewed by you not having a lawyer.
There have been recent cases re preferential rent, but as a nonlawyer I hesitate to try to interpret them for you.
Given that this is such an important and case, maybe somebody out there knows a tenant lawyer who can handle this pro bono.

: i already went to trial, and i represented myself. now i need to write a memoramdom of law and i need past cases or laws that pertain to losing money orders and raising of preferncial rent so i can prove my case. at this point a lawyer will not do any good because i don't have the trial notes and most lawyers will not assist in a memoramdom of law because it is frowned upon. any information at this point would be appreciated.

: : My landlord is trying to raise my rent due to a money order getting lost in the mail in November. They have two seperate riders to the lease one stating penalties would be a rent increase to the stabilized amount of about 1500.00/month if rent was not received before the tenth of the month, and one stating the penalty would be a 50.00 late pay for each month the rent was late. I sent them a copy of the money order stubs, which they did not accept in good faith, and I put a stop pay and re-issue on the money order, which would take 60 days. Is there any law that protects me with this issue. I have already gone to trial without the assistance of a lawyer and am due to write a memoranda of law by Feb. 22nd. No lawyer will help and I need some laws to back up my argument. All my rent is paid up for that month and Dec., Jan., and Feb. but they still want lawyer fees and increase in rent. I am in need of help........

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Comments:
: OK-- I reread your post a few times and I think I understand the problem. The LL gave you a preferential rent and the lease said the preferential rent would be withdrawn (in the next lease?) if you paid late. 
: A novel issue. The case might set a precedent. It would be a shame for the result to be skewed by you not having a lawyer.
: There have been recent cases re preferential rent, but as a nonlawyer I hesitate to try to interpret them for you.
: Given that this is such an important and case, maybe somebody out there knows a tenant lawyer who can handle this pro bono. 

: : i already went to trial, and i represented myself.  now i need to write a memoramdom of law and i need past cases or laws that pertain to losing money orders and raising of preferncial rent so i can prove my case.  at this point a lawyer will not do any good because i don't have the trial notes and most lawyers will not assist in a memoramdom of law because it is frowned upon.  any information at this point would be appreciated.

: : : My landlord is trying to raise my rent due to a money order getting lost in the mail in November.  They have two seperate riders to the lease one stating penalties would be a rent increase to the stabilized amount of about 1500.00/month if rent was not received before the tenth of the month, and one stating the penalty would be a 50.00 late pay for each month the rent was late. I sent them a copy of the money order stubs, which they did not accept in good faith, and I put a stop pay and re-issue on the money order, which would take 60 days.  Is there any law that protects me with this issue.  I have already gone to trial without the assistance of a lawyer and am due to write a memoranda of law by Feb. 22nd.  No lawyer will help and I need some laws to back up my argument.  All my rent is paid up for that month and Dec., Jan., and Feb. but they still want lawyer fees and increase in rent. I am in need of help........



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