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Later Move In Date

NYC Housing Court Practice/Procedures

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Later Move In Date

Postby <Help> » Thu Mar 28, 2002 2:37 am

I signed an original lease with a landlord's agent beginning July 15, 2001, but I was unable to move in because the apartment was not ready (not my fault). Therefore, I did not take possession of the apartment until two weeks later on Aug. 1, 2001. The landlord sent me a new lease, but it was not signed by him. Now, the Landlord has started a Housing Court case against me and has demanded rent for this time period, even though I was not there because the apartment wasn't ready and he sent me a new lease. I called to explain this, but no one would listen to me. He is trying to evict me on this basis, because I refuse to pay this 2 week period. He has also assessed late fees every month since, and also wants attorneys fees. What can I do? I have an affidavit from a neighbor when I moved in, and also the second lease they sent me. I also could ask my two friends who helped me move to verify the facts and I have the credit card receipts for UHAUL. What should I do and what are the chances of me winning. My Landlord is a crook.
<Help>
 

Re: Later Move In Date

Postby <BB> » Fri Mar 29, 2002 1:13 pm

Not a lawyer, but I think you've already won.
Your new lease did not have to be signed by the LL, as long as it is signed by a managing agent it is valid (is the person who signed it still working for LL?). If not go to this HPD link:
http://167.153.4.71/hpdonline/provide_address.aspx
enter your address and all the past registered agents should come up. Print it out for your records.
I would file A MOTION TO DISMISS:
-As per LL's delay and request, possession of unit was given to Tenant on Aug. 1, 2001
-As per LL liability, lease commenced Aug.1, 2001, not July 15, 2001. Tenant's occupation of unit began Aug. 1, 2001. (please see attached copy of lease).
- Tenant does not owe any outstanding rent, fees or other charges.
- Tenant states that proceedings are frivilous and fictitious.
OR you can just file an answer
When answering your NON Pymnt check:
__ the monthly rent being requested is not the legal rent or the amount on the current lease.
In OTHER/General Denial:
-As per LL's delay and request, possession of unit was given to Tenant on Aug. 1, 2001
-As per LL liability, lease commenced Aug.1, 2001, not July 15, 2001. Tenant's occupation of unit began Aug. 1, 2001.
- Tenant does not owe any outstanding rent, fees or other charges.
- Tenant states that proceedings are frivilous and fictitious.

Just tell the judge/court atty. exactly what you have written here (print it out) and bring your paper evidence (including proof of past rental pymts) with you to court. Can you get your phone bill, cable bill etc...showing the date it was turned on? Even if you can't the proof you have sounds good enough. I don't think you need to bring your witnesses just yet, (although bring your cell phone, so you can call them to come in if it gets to that point) but most cases go to "Resolution Part" first, where you and LL enter a stipulation, case is dismissed or a future trial date is set.
Like I said, I am not a lawyer and am in no way giving you legal advice, just letting you know what I would do if I was in your situation. Before submitting your motion to dismiss or your non paymnt answer, I would consult with your Local Pro Se atty. located in the Housing Court Building. Get there early, bring your documents and take a number. Ask what you should file (dismiss or answer) -maybe both. Also, ask if you can counterclaim for monetary fees and or damages. i.e. you may have incurred expenses when the apt was not delivered on July 15.
Hope this helps, Best of Luck!

"Before a written lease becomes effective, there must be both a delivery and acceptance with the intent of making the lease an effective conveyance"
<BB>
 


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