Hello,
I'm not sure if my post should be in this forum or another, but I'll post here.
I've been a tenant in a rent-stabilized apartment for 20+ years. Currently, I am experiencing some financial difficulty and am behind on my rent. Right now, I owe the current rent plus 1-1/2 months of arrears.
The landlord and I agreed upon a payment plan via emails with their A/R person. I want to avoid Housing Court if at all possible. I was a little short on the day my first installment was due, so I asked for more time and was granted a few more days. I had a hard time accumulating the funds I needed but did drop off the agreed-upon amount in full, two days after the extended date. I then emailed my contact at the office to confirm that I had done so. I paid by money order.
I logged in later that day onto our resident website to check my account, and saw that the payment had not been entered - this didn't concern me too much because sometimes payments don't show up until a day or two later. HOWEVER, they DID add legal fees to my account, which tells me they started the process!
So, I have a few questions:
1.) Does the fact that Landlord's A/R person asked for the rent and we discussed a payment plan mean that a 3-day notice is not necessary and they can legally start with a petition?
2.) If I receive a 3-day notice or a petition, can I still negotiate with my landlord directly or is that not a good idea?
3.) Which is more advisable: to keep making payments or just buy the money orders and hold onto them to bring them with me to court?
4.) Won't the 1st installment payment I made show good faith, even though it was a few days late?
5.) I read somewhere on a lawyer's blog that I can go to Housing Court and ask for an adjournment/postponement in order to find and retain an attorney. They said this could buy me another month and a half to two months, to find an attorney and familiarize them with my situation, etc. - would you know if this is true? With the holidays coming, I imagine asking to postpone things might be a good idea right now, as there will surely be days the courts will need to be closed which would add even more time.
Really, all I need is more time -- I am owed some money which I know for certain is coming, and I will be able to pay off all arrears if given more time. Are there any other reasons I could ask for a delay, in case I cannot find a lawyer after all (I would need someone willing to work pro bono)?
Other issues with my landlord:
I never received my signed copy of my lease renewal this year, despite my having asked for it numerous times. This has never happened before.
The rest of my complaints have to do with the maintenance and cleanliness of the building, such as the appearance of rodents and roaches after never having that kind of problem for years. Conditions have deteriorated since the former super left and the new one is terrible.
Could I cite any of the above issues to delay eviction proceedings?
**To be honest, I am feeling like I am DONE, not only with this place but NYC. Would a situation like mine warrant asking my landlord to buy me out? Or is that rare when it comes to tenants in arrears? I don't know if my landlord does that or if he just waits for old-timers to keel over and die.
Any suggestions and advice are welcome. Thanks in advance!