Eviction Notice Served & Do not owe any $! Atty Wont res

[Landlordisanightmare]

I was served with a notice to pay rent & legal fees.
I had 5 days to pay or they were going to sue.
I paid via wire transfer that day. I was served with papers 2 days later with a lawsuit for owed rent (which is 0) and legal fees and to respond. I got an attorney. Who drafted a letter asking to drop case, rent is current and I have 2 months left on my lease and I was willing at their request to vacate 1 month earlier. Their attorney never responded. I have been late with rent 3 times in 18 months, always included late fee's. My lease expires in Sept. Also the LL sold the building to a new owner. Is it worth paying a retainer ($1000) to go to court or just pay the legal fees? total fees are $2500 and asking for back rent $1000 which was paid the day I got the notice. Other than that I owe them nothing. I have not paid August rent - as per my attorney until they respond accepting offer to keep security deposit as august rent and vacate early. They made this offer to vacate early and accept deposit as rent in July . Also, the LL sent me an email after rent was paid telling me they would be in town on the 31st of Aug to pick up but my lease is not expired til sept! Totally confused. best approach to keep from being blacklisted and hurting my credit.

[Anna]

You were blacklisted the moment LL purchased an index number (after serving the Rent Demand & before serving the Petition).

Do you want to leave early, at end of Aug?

When is court date: this week or next week?

[Landlordisanightmare]

Yes I want to leave early - Here is the kicker...

They are suing my fiance WHO is not on the Lease, but has been there for 4 months. They agreed to accept our deposit as August rent. They agreed to me vacating at end of august 1 month early. But won't agree to withdraw the suit and drop the case number- What do I do?

[Anna]

If you fail to respond at the clerk's office to the non-payment eviction proceeding, LL can and will take a default judgement even if LL cashed the check for full payment before he served the Petition. A LL-lawyer's word is worhtless; they lie every single day in HC.

No T owes atty fees in a residential contest unless: 1. T voluntarily pays it or 2. a judge orders payment after trial or motion.

If LL refuses to discontinue a completely meritless case, then get it dismissed and ask for Part 130 SANCTIONS. Search for that in HCD. Insist that clerk staple a copy of your cancelled check w/your account # redacted to your oral answer form and insist that clerk add the demand for Part 130 sanctions on the blank line.

Look at the form here http://nycourts.gov/courts/nyc/housing/index.shtml and check off as many as apply, even if you don't care to enforce them [as long as they're true: don't check off incorrect service if LL followed the law.. read the actual service law: http://www.tenant.net/Other_Laws/RPL/rpl07.html ]

[Landlordisanightmare]

Hi

Thank You!! I am responding tommorow. Hopefully we will get a court date soon.