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Refusal to accept rent check

Posted by Dan on January 17, 1998 at 16:06:15:

I am not the leaseholding tenant of my apartment, but my roommate is. He is away for six weeks (in India) and the day after he left, an eviction notice was left on our door, along with a note saying that the landlord was taking legal action against some back rent and legal fees that was owed. This back rent goes back at least two years (before I moved in) to a time when he withheld rent rent due to no hot water for a month. Additionally, the landlord returned (uncashed) the rent check for January.

My question is, why is the landlord refusing to accept our rent, when the real issue is the back rent? And, more practically, what can I do, since the leaseholder is out of town for so long, to prevent a summary judgement for the landlord? Can I go to court on his behalf and explain that he wasn't served properly?

Thank you.

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