Hi, I stumbled upon this forum as I was looking for information on how to approach my situation. I fell behind on rent payments as I fell behind on student loan payments, and I had to help pay for a family member's funeral. My landlord sent me a 5-day demand (with the 5th day being August 24th) , and subsequently sent me a notice of petition. I received the petition on Sept.17th
Just from my preliminary research, I noticed that they did not properly serve me. The landlord's attorney sent it via regular USPS, and the actual copy that the server was supposed to affix to my door was slipped under my door after I already answered the petition. Furthermore, the dates on the service affadavit were prior to the 24th, that was set forth in the demand letter. I know for a fact that they did not attempt to serve me as I was home from worth on the day that they claimed they tried to serve me.
My apartment has significant damages and issues (water damage from the apartment above which is my former super's, a malfunctioning toilet, vermin and insect issues, and a broken shower handle that only provides extremely cold water or extremely hot water). I have brought these issues up many times with both my current super and his predecessor. My current super's predecessor began work on the water damage to my ceiling and never finished the job. Lamentably, I didn't file a complain with 311.
Since this time, I have discussed the issue with my super on countless occasions. With regard to the toilet, he told me he needs to bring an outside specialist and that never came to fruition. Even my mother complained to him on her visit to my apt (She lives in Florida).
After I received the petition, on the advice from a relative that is an attorney,I answered that I was not properly served and put a counterclaim in and listed my damages. I showed up to court on the first hearing date, which fell on Yom Kippur. I brought pictures of the damages as well as all documents that I received. The landlord's attorney did not show up and they adjourned my case until Nov.13. Since this time, I have had a couple conversations with my landlord, and attempted to figure out an agreement to no avail. He was rather dismissive.
I sent him a month's rent in order to catch up, and planned on sending subsequent payments to reduce or eliminate the arrears. He sent the payment back and said that he will not accept any partial payments.
What recourse do I have in this situation? I honestly cannot afford to be evicted. I have been a tenant in the apartment for just under 5 years now, and for the first three years, my landlord declined to raise my rent because I paid on time every month. I have had a few hiccups, but I always corrected all arrears, and just want to get an agreement, that I will honor. It appears to me that he will be averse to any stipulation when we get to court, so that he can get a higher-paying tenant in the apartment
Any advice is greatly appreciated.