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Re: Eviction Papers with Someone Else's Name

Posted by Anna on September 09, 1999 at 16:19:49:

In Reply to: Eviction Papers with Someone Else's Name posted by Mark Smith on September 09, 1999 at 11:46:27:

1. Does this paper say it is a Rent Demand?: a 3-day or a 5-day notice to pay rent?
Does the address match yours?: street number, street name, and apt number?
Who sent it? is it your landlord or the managing agent?
If there is also an attorney's name on it: mail the atty a copy of the letters Mark suggested mailing, both by first class mail and by certified mail, return receipt requested.
Hopefully, that will be the end of it.

2. You might also look in the White Pages, both the book and online: see if you can find the other tenant: could be a typo, e.g. 3001 typed as 3010... & give the LL the correct address.

3. Is this paper a Petition and Notice of Petition? If not, please note that the next paper will be.
If so, you should go to Housing Court within 5 days to answer it even though it has the wrong name on it. If no one answers it, the court will grant a default judgement, and a warrant could be issued for your apartment. And they could take your belongings out while you are not home... A really big headache! Before you give an oral answer to the court clerk: speak to the Pro Se Attorney.

4. Read more about Housing Court on TenantNet Home, easily accessible from here..

: Do these papers have your apartment number on them? Do they specify the periods for which the landlord is claiming rent, and the date of a lease?

: Someone at the managing agent's office may have found the arrears and thought that it was from a current tenant. Keep calling the managing agent's office, but also write to them, by regular mail, with a certificate of mailing, and by certified mail, return receipt requested, telling them about the mistake. You might also call the landlord's attorneys, whose name should be on the papers, and let them know about the error.

: :
: : i live in a brooklyn,ny rent stabilized apt. i have been renting there
: : since july 96 under my name. yesterday i found a notice in my door from
: : civil court demanding back rent from someone not living in my apartment.
: : i don't know the person and he has not lived there during any of the time
: : that i have rented the unit. i called the mangagement co. that owns the
: : building and could only leave a message w/ the secretary. there is obviously
: : a mix up w/ the management co. records. i am concerned that they will not be
: : prompt and efficient in clearing up this matter. do you have any suggestions?

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