What is a notice to amend petition?

[matt3502]

I have a Housing court appearance on Wed. I just recieved in the mail a "notice to amend petition at trial" letter.
It says that the petitioner will amend the petition to include all rent/or use and occupancy, escalations or other charges which have accrued.
What is this and what does it mean?
I am contemplating a counter claim for harassment and the habitabilty warranty against the LL. If I go thru with it and lose do I have to pay the LL's costs?

[Cranky Tenant]

It means that your LL is going to ask the court for a different amount than was cited in the petition. Most likely he's going to go back to the year of the flood and pad the amount with any fees he can imagine. Most court cases end in a settlement and this gives him a higher amount to bargain down from.

If you were going to file a counterclaim you probably should have done so when you answered the petition. Even if the LL wins you would only be responsible for his costs if they're awarded by the court.

[Anna]

'use and occupancy' is the legal term for RENT after the alleged termination of your lease.

It means LL will ask for all the rent he has not collected that is not listed on the Rent Demand (3- 5-day notice). It will be at the same rate as listed in your lease.

'escalations' don't apply to residential leases.

'other charges which have accrued' = late fees, if your lease allows them.