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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10648
Experience:  Commercial and residential leases in NY & NJ & US
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I would like to take a landlord to court for payments due

Customer Question

I would like to take a landlord to court for payments due for contracting services done on his property, but I wasn't instructed that I would first have to serve the landlord a 10day notice stating that he/she has 10 days to make good on his payment, before I can proceed. What part of the law would I refer to in order to properly serve landlord.
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  Richard - Bizlaw replied 11 months ago.

Hello, my name is ***** ***** I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for.

Did your contract with the landlord say how much time the landlord had to pay your bill? Are you a tenant of the landlord and did this work relate in any way to the tenancy?

Customer: replied 11 months ago.
No this landlord contacted me by looking up my information on the internet. He lives in Brooklyn but owns the property in Allentown Pa. He paid me a portion of what we verbally agreed on because he wasn't available to sign anything. However, I did provide him with a copy of the work to be done and he agreed to pay me a portion, and the balance upon the apartment being rented, but no later than 45 days after the work was completed. He hasn't acknowledged through text messages that he owns me the money, but stays that the tenant that moved in hasn't paid the rent so he can't pay me. All of which I have on text messages. I went to court and they said I have to first give him a 10 day notice to pay or else I can proceed. So I just wanted to know what part of the law would I be referring to when I write him his 10 day notice?
Expert:  Richard - Bizlaw replied 11 months ago.

Since there is no written contract, you have to have a demand for the payment. Under your agreement once the time came for payment, you needed to make a demand. There is no law that says you have to give 10 days. Its just that in proving your claim in court by making the demand there is a clear timeline when payment is due. If the payment is made you do not need to go to court, if not there is no doubt that the demand for payment was made and all you have to prove is that you did the work. It was more practical advice than legal.

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