gettin sued, didn't renew lease, but they say I'm boun

[Aubergine]

Now I see that this was the typo:

"The whole 'renewed lease expired 8/31/05, we moved out 4/31/06, landlord sued, almost 8 months later"

Is this what you meant:

The last signed lease expired 8/31/03;
you moved out 4/31/04;
LL claims a new tenant moved in 8/31/04;
LL alleges "deemed" lease renewal ran from 9/1/03 -- 8/31/04;
LL sued in 12/04

???

[noahapple]

Sorry for the bad dates.

The last signed lease expired 8/31/04, (with no new lease offered)
moved out of the apt. 4/31/05
landlord's lawyer started procedings in 10/05
landlord claims new tenant moved in 8/31/05
landlord claims that deemed lease went until 8/31/05
landlord sueing for 6 months rent. april-august
(even though we paid april rent)

thanks!

[Aubergine]

If your lease gave the LL the right to recover attorney's fees from you, you may have the right to recover attorney's fees if you win this case. If you have not yet decided to hire a lawyer, which would be a very good idea, this possibility may be worth considering.

[Anna]

Notes: 'deemed renewal' is one hurdle; next comes LL's obligation to mitigate damages.
The really big problem is, of course, unskilled-T facing LL-attys in court, Civil Court, instead of Small Claims Court where rules are less formal...

Question: is this really in Civil Court?
is $$$ > $5000 but < $25000; is LL called 'plaintiff'; are you named as 'defendant' are there more than one of you?; is paper a summons or complaint?
Don't answer the details, just the main question:
Civil Court?

[Anna]

OP really needs to consult one or more attys. Read about the Civil Court process & the forms/services available at its pro se office here:
http://nycourts.gov/courts/nyc/civil/civil.shtml
The pro se office can answer procedural questions re procedures & law, such as when is your answer due?, can you still file a pre-answer motion to dismiss?, how to do these things?, etc.

Before even making an appointment, OP needs to gather more info & docs:

1. call DHCR: get a Rent History. OP may have to go in person to pick it up because he no longer lives there. How much did rent increase w/new T? What reasons did LL list for increase? Use Vacancy Lease Calculator on http://housingnyc.com/ to compare w/what inc should have been.

2. get as much info from new T and/or neighbors as possible informally: did LL renovate apt? did LL show apt during those 6 mos? if LL used broker, when did LL first allow broker to show apt? etc.

3. print out all court decisions discussed in this thread & other threads discussing key issues.
most can be found here:
http://government.westlaw.com/nyofficial/default.asp?tempinfo=HOME
or here: http://iapps.courts.state.ny.us/lawReporting/Search
summarized here: http://tenant.net/Court/Hcourt

4. write a clear concise list-format history of tenancy & aftermath; attach copies of supporting docs: cancelled rent checks, sec dep check, letters & proof of delivery, records of tel calls to LL requesting renewal, etc.

5. learn about the issue of 'mitigating damages' in residential leases.
Click search, above left, set to 'all open forum', type MITIGATE : there are many previous threads discussing this.

6. write down everything anyone remembers about how this summons/complaint was served (delivered) to you & others. You may have a service defense (LLs frequently use process servers who engage in 'sewer service'; even if he didn't, he may have forgotten to use the higher 'due diligence' required in CC).

Check first if OP or another T on that lease qualifies for free representation from orgs on http://lawhelp.org/NY/ ; note that even tho they usually only take cases to prevent eviction, they sometimes take cases with issues that potentially effect large groups of Ts. Even if they can't represent a T, they usually allow in-house free review of your case. Some T-attys will also make special fee arrangements for special issues. Some aill also agree to be T's 'coach', instead of representing T.