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5-day notice

NYC Housing Court Practice/Procedures

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5-day notice

Postby wondering1 » Wed Jun 01, 2011 3:08 pm

Hi! I received a 5-day notice in the mail.

My questions are:

1) don't they have to send it either registered mail or serve it upon me? How do they know otherwise that you even got it?

2) since I didn't sign for it, how do they count the 5 days? How do they know when I received it?

3) the notice is for 2 months rent - I already sent in one month before I received this notice. Should I send the other cheque certified mail and just include a letter saying that I already sent the other cheque?

4) Lastly, they included a $250 legal fee. Am I obligated to pay this? I don't want to, and don't think I should have to, but more importantly, I really can't afford to! If I just send the two months rent, is that okay?

Thanks!

P.S. I've read that other people get 3 day notices. Did they send the wrong one?
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Postby TenantNet » Wed Jun 01, 2011 3:21 pm

Did this come directly from the LL? On its stationary? I'm assuming this is pre-court, i.e., you have not received anything from the court, or a Petition/Notice of Petition, correct? And it's only about rent, there are no other issues being raised by the LL?

Generally it's 3-day, but I've seen 5-days.

I would send the other month certified RRR, and use "rent paid" as a defense if they follow-through. I'm assuming you have no other issues. If you feel time is an issue, take it to the LL in person and do not leave until you get a written receipt (which by law they must give you) and not from the receptionist either. If anything is fishy with that method, then send it certified RRR.

Legal fee? DO NOT PAY. Only a court can order a legal fee and only to the prevailing party among other conditions. This is a common LL harassment tactic. Ignore it. If the LL takes you to court for a legal fee (when all the rent is current), the LL will be laughed out of court and you can file complaints to the Bar Association about the lawyer who does something stupid like that. It's a common tactic, but illegal.
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Postby wondering1 » Thu Jun 02, 2011 5:49 pm

Thank you! I appreciate it!
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