Eviction Process(?)

[BBendriss]

I've read some of the posts, and searched the web, but I don't know enough about this...maybe someone can help me out.

I was out of work from Jan-March, during that time I was constantly late with my rent because of the way unemployment pays out. I got continual notices of lateness, etc but always managed to pay.. even though like 30 days late.

I started a new job now in April, but it is a long and expensive commute to get there. Coming off unemployment I'm forced to use what rent money I had to get to work until I can get a check.

Now, I owe March and April rent and tonight some woman handed me a court paper "notice of petition / non payment" ... The property manager said in an email that the 2 months rent was needed to stop the proceeding..

The notice says I have to go to court on the 21st. How much trouble am I in? This will ruin my credit won't it?

If I pay the landlord before the court date, will that save me? Now that this has happened, does a landlord renew a lease or are you assured of being told to leave? ( My lease is up in June )

[Anna]

You obviously have not read the booklets on this and several other websites. What did you search for?(received the petition: what about the rent demand?)
http://www.tenant.net/Court/Tenguide/bks-titl.html
http://www.tenant.net/Court/barguide/court.html
http://www.tenant.net/Court/cwtfhc/index.html

I really really want to know how so many people like you manage to find this forum but miss the thousands of pages of NY tenant info on this site.

[BBendriss]

Sorry...i followed a link from gottrouble.com , I didnt realize this was a whole site it took me into the forum.. sorry to upset anyone.

[TenantNet]

It's OK, no problem. Anna is correct though in that many do ignore the material on the site. This forum is meant to amplify the existing material with tenants' real world experiences. So that's why she's pointing back to some of the basic material.

[Anna]

Would it have helped if the 'TenantNet Home' button was larger?
Would adding buttons for 'NY Tenant Info' and 'NYC Housing Court' have helped?
Still, you said you searched the web: any basic search for eviction, petition, or nonpayment, plus 'new york' would bring you to other parts of this site.

Please note that you're on Long Island: the court process is slightly diff there: call or go to the courthouse NOW, they probably have info sheets for you. The primary law governing evictions, the RPAPL, is a state law, so most of the rules are the same. It's the actual courthouse procedures that might differ from what is in the booklets.

>>This will ruin my credit won't it?<<
NO, not yet: it won't hit your credit reports until after there's a judgement and you fail to pay it; however, if your court system provides info to the tenant screening services, you may be on a blacklist: search 'All Open Forums" for more on that.

If your apt is stabilized, you can't be denied a renewal for this. If there's no rent regulation, your LL doesn't ever have to renew your lease unless your lease says otherwise and doesn't need any reason to refuse to.

[NYHawk]

NYBob's facts make no sense. he said he was handed a petition for non-pay with a court date, but, there is no such animal. in a holdover case a court date is stated in the petition, but in a non-pay case no court date is determined unless and until the tenant makes an appearance (by either making a pre-answer motion to dismiss, in which case the movant selects the return date for the motion, or by putting in an answer, in which case the Court Clerk will determine the return date). so what did ya get NYBob??

[Anna]

OP is on LONG ISLAND, Nassau or Suffolk county: does 732 apply or not?

RPAPL
Sec. 731. COMMENCEMENT; NOTICE OF PETITION.

1. The special proceeding prescribed by this article shall be
commenced by petition and a notice of petition. A notice of
petition may be issued only by an attorney, judge or the
clerk of the court; it may not be issued by a party
prosecuting the proceeding in person.

2. Except as provided in section 732, relating to a proceeding
for non-payment of rent, the notice of petition shall
specify the time and place of the hearing on the petition
and state that if respondent shall fail at such time to
interpose and establish any defense that he may have, he may
be precluded from asserting such defense or the claim on
which it is based in any other proceeding or action.

Sec. 732. SPECIAL PROVISIONS APPLICABLE IN NON-PAYMENT PROCEEDING
IF THE RULES SO PROVIDE.

If the appropriate appellate division shall so provide in the
rules of a particular court, this section shall be applicable in
such court in a proceeding brought on the ground that the
respondent has defaulted in the payment of rent; in such event,
all other provisions of this article shall remain applicable in
such proceeding, except to the extent inconsistent with the
provisions of this section.