court date soon

[heavenly36]

SO I am heading to court on Thursday to defend myself against a non-payment action (I am 4 months behind). .. I have read all the literature on this site and I know that the 1st part of the case is to reach a settlement. I plan on asking for my security (3 months) to go towards my rent owed because I lived in a rent stabilized building and she over charged me by asking for 3 months security instead of 1. I have learned that I could be owed 3 times the amount of the overcharge. Should I use that info in the settlement or will that send me straight to trial? I don’t want to ruffle the lawyer’s feathers… but I do want my overcharge to be accounted for and applied to the balance owed. Should I ask for 2 times the security to be applied 1st so that there is a space for negation?

I am plan on asking for a letter of satisfaction. And I am planning to ask for my lease to be up w/in a 30days notice because I don’t feel like I can live there anymore and since the pay cut I can no longer afford it. I am also planning on setting up a payment plan to pay her the amount owed as well.

Am I forgetting anything else? I know that it will be hard for me to find an apt. after this month because I have an index number… so I feel like I will be stuck there for a while  I know I should try to avoid all judgment clauses and the settlement.

[Downtown]

2 month's additional security overcharge by 3 (treble damages) = 6 months. LL owes you money, plus 1 month security when you move.
Have you filed on this? No rent is owed. If LL atty doesn't agree to full credit ask judge for adjournment to seek legal counsel in pursuing overcharge.
If atty agrees then use the additional 2 months (plus 1 month security) = 3 months to look for a new apt...or at least 2 months.
Don't sign a stip for anything less. Go early to pro-se office to help you with wording.

[heavenly36]

thanks so much!

can you reccomend an inexpensive housing law firm?

they offered to credit the 2 additional rent to the amount owed. but they wouldn't let me get out of the lease.

[Downtown]

A local tenant clinic could probably help you formulate a defense. definitely would go early to talk with pro se atty at Housing Court, ie: how to handle illegal 2 month deposit.
Offering to credit deposit towards rent is not enough...minimum offer should be 4 months credit and written agreement to end lease. LL broke the law...that's a big stick.
If you are not satisfied with what is offered then ask for an adjournment to find legal counsel. Your defense is that no rent is owed.

[heavenly36]

SO I won in Court!!

I got 4 months of rent credited plus ending of the lease... it feels so good to prevail

[HardKnocks]

Good for you!!! So when do we get our cut? :p

[Downtown]

Bravo...great job.