Refuse/Return Check

[inthehood]

Hi, I sent a partial payment and landlord returned my check.

Does anyone have advice on how I should proceed if they return my check again and start court proceedings?

Thanks so much for any assistance/advice. This is a very stressful situation and I feel new owner is intimidating long term tenants to get them out.

[HardKnocks]

They may very well be, but the fact remains that you're not paying your rent. If you were, they would most likely be leaving you alone. Not paying your rent puts you in a vulnerable position because it opens the door for them to get rid of you without much difficulty.

Borrow money or get a night job at Starbucks if you have to, but pay your rent in full. A RS apt. since 1985 has got to have an incredibly low rent, and you don't want to risk losing that. Have a look at today's rents and let that be your kick in the pants. Because these people WILL throw you out to get that apt. back. Don't give them the chance to do that.

[inthehood]

Does anyone have advice on how I should proceed if they return my check again and start court proceedings?

[HardKnocks]

The most important thing: DO NOT avoid or ignore the legal letter/papers. Answer the petition. Give a short overview of what is going on. Then they'll give you a court date.

Actually this link will help you more than any of us ever could at this stage:

http://www.tenant.net/Court/Tenguide/bks-toc.html

It says "Brooklyn" throughout the text but the info is the same for all NYC.

[inthehood]

Thanks a lot. Naturally, I'm trying to get the money but I wanted to know what will happen if I can't and if they legally can refuse to accept a check if it's not the total amount. I've written to the landlord with total info and asked him to accpept it. It's been a horrible year. Thanks again.

[HardKnocks]

I know how you feel. I lost my job last year and had to come up with over $1600 a month rent regardless.

Do whatever you can, but don't let them have this one. Landlords live for opportunities like this. While offering partial payments looks better for you in court than not having paid at all, they can still start proceedings to throw you out. Hang on to their refusals, and hang on to the money. Do not spend it.

They're loving this, trust me. Spoil their day.

[Cranky Tenant]

This topic has been discussed extensively Try searching all open forums for "non payment"

Also see A Tenant's Guide To Housing Court to learn about the process.

[Anna]

If you pay one full month's rent, the LL has no reason to refuse your check, even if you do owe 1/2 month for a previous month... Do that if you can & send everything in a traceable form from now on (FedEX, Certified Mail, etc).

No law gives the LL any right to refuse a partial payment either, but in court LL would sound less unreasonable... Keep track of all written and verbal communications starting with tis one or earlier. LL refusal to accept any kind of payment is a valid defense in a non-payment case but who wants to get sued? not you!