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from how long can a landlord demand rent for?

NYC Housing Court Practice/Procedures

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from how long can a landlord demand rent for?

Postby Bud » Wed Nov 16, 2005 3:39 pm

my landlord is suing me in housing court to get me evicted for non payment of back rent. he stated in his lawsuit that i owe him rent from march'05-nov'05. 1st i have money order reciepts that prove i payed most of all the months he's suing me for. 2nd,now he's saying i owe him for 2003. he never mentioned anything in his lawsuit about back rent for '03. i can't find any rent reciepts for 2003. i did pay my rent every month in 2003 . can the judge let him get away w/ that? can't he just throw that out? i'm screwed if he does'nt because i can't find any rent reciepts for '03.
Bud
 
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Re: from how long can a landlord demand rent for?

Postby Rodneystri » Wed Nov 16, 2005 5:57 pm

I think tht you LL would be hard pressed to proved their case for rent back to 2003 as you have stated.
Rodneystri
 

Re: from how long can a landlord demand rent for?

Postby Aubergine » Wed Nov 16, 2005 6:14 pm

A LL is not supposed to be able to seek rent arrears from that long ago in a summary proceeding that could lead to eviction. The courts usually grant motions to sever and dismiss these "stale" rent claims on the grounds of laches (prejudicial delay) and leave the LL with the option of bringing a regular action in Civil Court for the old rent arrears claim. This is not a matter of a statute of limitations (for a contract claim, the SOL is six years), just a rule developed by the courts and applied to eviction proceedings.

In any case, if the LL didn't seek the 2003 arrears in both the rent demand (3-day notice) and in the petition, he shouldn't be entitled to them as part of this case.

<small>[ November 16, 2005, 05:16 PM: Message edited by: aubergine. ]</small>
Aubergine
 

Re: from how long can a landlord demand rent for?

Postby Downtown » Thu Nov 17, 2005 10:12 am

Have you checked to see if money orders were cashed. Bring that with you to court.
If you do owe rent, be prepared with money order to pay that. Be careful, if LL atty asks you to sign a stip that you do not sign if any language regarding waiving of rights and eviction without further notice.
Downtown
 
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Re: from how long can a landlord demand rent for?

Postby Bud » Fri Nov 18, 2005 3:16 pm

all the money orders are cashed.
Bud
 
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Re: from how long can a landlord demand rent for?

Postby Downtown » Sat Nov 19, 2005 11:11 am

LL states that rent is owed from March 05 to Nov. 05.
Would suggest that you bring proof of payments showing rent was current until March (as possible LL will try to prove that rent being paid was for arrears in previous months). Also bring cashed money order proof.
If you do owe rent then should have MO for that.
Downtown
 
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