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Landlord preparing to evict---AGAIN

Posted by Wendy on November 26, 1999 at 23:30:18:

I live in a rent stablilized building in NYC. I complained about leaks and mildew in my apartment and as usual the landlord has retaliated by refusing my November rent.
I wrote a letter indicating that the repairs I requested had not been made--(the next day they were partially handled)I also noted that I realized I had incurred late fees and had court fees remaining from an eviction proceeding last year(when my ex failed to pay the rent and we had a non-payment proceeding against us) and requested that he give me a breakdown of the fees I owed so that I might make arrangements to pay. What he has done is taken money I paid for rent and applied it to legal fees so that it appears that I owe more Rent. Today he returned my November rent check, states they have no record of receiving September's rent, along with a note telling me to call his lawyer--which indicates to me that he is preparing to evict. The rent breakdown clearly indicates that the bookeeper took July's rent and applied almost all to legal fees, it also shows that they have received rent for every month this year although it has not been applied within the actual month it was paid. The only outstanding rent is November--which as I said he returned to me. HELP! Does he have the right to evict when I have paid rent and he is refusing the current rent? Can he evict over late and legal fees? Can he CHOOSE to apply monies to late and legal fees instead of toward rent?

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