Moderator: TenantNet
by ilostmytruelove » Sun Jan 23, 2005 9:47 pm
by Rodneystri » Sun Jan 23, 2005 11:03 pm
by ilostmytruelove » Mon Jan 24, 2005 12:24 am
by Downtown » Mon Jan 24, 2005 10:05 am
by ilostmytruelove » Mon Jan 24, 2005 3:54 pm
by Downtown » Tue Jan 25, 2005 10:07 am
by ilostmytruelove » Tue Jan 25, 2005 10:15 pm
ok i figured out what to do. Romea v. Heiberger says if a debt collection letter is received before the payment demand then i have the 30 days to dispute the rent. rather then dispute it, i'll just pay the back rent, even though they did say they would minus it from the sale. i checked and you're right. they couldn't just subtract the rent from the sale unless they bought an action. the Board's and attorney's mistake was to send me the debt collection letter first before the 5 day rent demand. so now that i win based on the Romea case, (i think i have to type a motion to dismiss which i'll hunt the internet for that form); as long as I pay the back rent before they re-serve me with just the 5 day rent demand letter, the 1500 legal fees is gone. i know i'll have the 5k definitely by feb 8th with my income tax refund. so even if they serve me the 5 day notice, i won't be served on the 31st, since for sure i'll make sure nobody is home. so then they'll serve on Tuesday, the 1st, giving me Wed, Thur, Fri, Mon, Tues to pay the back rent which is feb 8th.Originally posted by Downtown:
Hopefully you have an atty for the hearing.
That board sent this to collection agency within their rights to try and collect what they are owed.
Even if you signed a promisary note for the amount, the board would still have to sue you for payment (if they could find you and/or your assests).
Is there no way to borrow the other $750, so this sale could go through.
by Anna » Wed Jan 26, 2005 11:01 am
by ilostmytruelove » Thu Jan 27, 2005 12:17 am
oh lol after all that reading about that case. hunted all over for rulings regarding that case.Originally posted by Anna:
Go to the Housing Court Decisions section on this website and read the two booklets on how it works (or read the little blue book they gave you when you answered in person). Learn what proper service is and when legal fees might be due. Forget about the FDCPA defense: Romea was overruled years ago; tenants only get 3 or 5 days to pay after the rent demand (not the petition) was allegedly served, not 30.
RE: your main defense: that unpaid maintenance would be subtracted from your profit from the sale of your co-op at closing: did you get this in writing as part of the sales agreement? or in writing anywhere?
by Downtown » Sun Jan 30, 2005 12:40 pm
by ilostmytruelove » Tue Feb 01, 2005 10:33 am
by HardKnocks » Tue Feb 01, 2005 11:18 am
by ilostmytruelove » Tue Feb 01, 2005 12:04 pm
yes. same judge. now that I'm getting a different judge in march, i'm wondering if i can make a complaint against this Judge because he can't do anything to me now??Originally posted by Bleary-eyed tenant:
Housing Court judges were once lawyers, often in the same firms as the landlord lawyers going against you. They're all buddies, and most of them, from all I've seen and heard, are biased against tenants. We're all deadbeats to them, even when the landlord has clearly broken every law imaginable for us to wind up in court to begin with. They're all in it together, just like most people with money and power.
I'm sorry you're going through this. Is this the same judge who actually called you and pretty much let it be known without hearing your case that he was going to rule against you?
by Downtown » Tue Feb 01, 2005 1:14 pm
by ilostmytruelove » Tue Feb 01, 2005 2:36 pm
no, but i'll listen to their advice on whatever they say. i'll post here tomorrow after I get back.Originally posted by Downtown:
Did you ask Sokolski/Zacaria if you should pay (when you made the appt.) Would hate to see you lose this on a technicality....especially as you could counter motion for return.
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