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OSC - Eviction Notice - Cause to Vacate? Subpoena LL Records

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OSC - Eviction Notice - Cause to Vacate? Subpoena LL Records

Postby luckyredpr » Mon May 20, 2013 5:48 pm

I filed an OSC after receiving an eviction notice. I had never received a notice or been served on the LL's Petition for non-payment. (The postcard was returned to the court as undeliverable at my apartment's address.) I will now be returning to court for the fourth time as the LL's attorney keeps claining that he has no record of the most recent payment made. I have brought the cancelled checks to court and each time it has been confimed after the adjournment that the payment I claimed to have made has been made.

The LL has failed to provide the full accounting for my apartment so that I can confirm that past payment have been credited correctly. They have provided a partial accounting.

After the second adjournment, I went through my file and found that though I owed quite a bit of rent when they filed the Petition, when the LL's representative swore out an affidavit claiming that I had made no payments since the petition was filed, I had actually paid all but approximately $150.00. This has been confirmed by the LL.

I'm not sure what the game is but do I have ground to request that this matter be vacated? Do I have the ground to request that it be vacated with prejudice? And is there any benefit to me doing this?

I believe I will go in to court and have a repeat of the past appearances. I just want to end the monthly visit. I also want to get the LL's records so that I can find out what I really owe. Based on the last year, I may have a credit balance. I can not do this with my own accounting alone as they have a history of applying portions of a rent check to other charges.

If I can vacate and the LL re-files, do I have the right to subpoena the records I have not been able to get?

I hope I am being clear.

Thank you.
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Location: New York

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