MOTION TO ADD RENT ARREARS

[Coco]

I have been involved in a holdover as a subtentant for three years. The landlord made major mistakes and had problems with his attorney who later was removed from case. That was two years ago. The landlord has done nothing during this time. The court had ordered that I pay two months rent, two years ago and as the case proceeded an amount to be paid would be assigned. The landlord, however, returned the payment and sat on this for two years, refused rent and services. Now they are moving to restore to calendar, add my name to action and attach rent arrears to the case. What can I do to stop the rent, large amount, from being added and to be treated separately so as not to prejudice my case against the landlord for rights to the apartment. I do not have all of the money. And I fear that if this becomes part of the suit evenif I win on all other accounts I will lose the apartment from inability to satisfy debt.

[Chimera]

If you plan on withholding rent, never ever ever spend the withheld rent!!! If the court decides in the landlords favor, you will most certainly be held liable for your debt.

[Coco]

The thing is I never withheld rent. I tried on countless occassion to pay. Through myself, the primary tenant, before lease expired and when the court ordered, submitted twice and the landlord refused to accept. I agreed to an assignement of rent for use and occupancy as the case proceeded. The landlord chose not to proceed for two years. Surely, this delay with no attempt to collect or bring forth a motion to collect causes them some problem. No?