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I am having a legal dispute with my landlord and have a

I am having a...

I am having a legal dispute with my landlord and have a court date at the NYC housing court next week. They are saying I have not paid my rent for November, December and January. They claimed to have served me with a warning over the holidays. I was out of town and did not receive this notice. The checks in question had already been mailed. However, they continued with a petition to the court. Today, I appeared to the Clerk and stated that I did not agree with the petition. I now need to show these payments by Monday. I cannot get a response from the landlord on whether they have or plan to deposit my checks. I'm not sure what next steps I should take?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

New York

Lawyer's Assistant: Has anything been filed or reported?

Yes, they filed a Petition for Non-Payment to the housing court. It stated I needed to file my answer to it with the clerk within 5 days. Which I did today. I now have to reappear on Monday.

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Answered in 13 minutes by:
1/17/2018
Infolawyer
Infolawyer, Attorney
Category: Landlord-Tenant
Satisfied Customers: 61,575
Experience: Experience representing landlords and tenants.
Verified
The court will normally seek to mediate a settlement payment plan. Subject to that being negotiated and any arrests paid the matter will be dismissed.Please let me know if the reply is acceptable by responding “yes” or “acceptable”if I can elaborate on anything, just ask me.
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Customer reply replied 4 months ago
It's not a matter of money. Checks were mailed for the rent prior to me receiving this notice. I would like to settle the matter with my landlord and be able to show proof of payment to the court on Monday to dismiss the matter.
Understood. Landlord should provide a receipt or preferably agree to discontinue. That can be done by stipulation or letter from landlord lawyer to the court clerk. If landlord won’t do so you or a lawyer for you needs to appear to ensure dismissal
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Customer reply replied 4 months ago
Thank you. So if they have not cashed these checks yet, which they haven't. It's been over a month. Should I contact their lawyer that they have passed this to or try and get a response from them? I have a very good income and great credit. This was really a matter of a piece of mail not getting to them early enough. I'd like to avoid it affecting future rentals.
if lawyer won’t discontinue in advance need to appear to ensure Matter is dismissed!Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as experts are not employees of the site and do not get any credit for spending time with customers unless they leave positive feedback. Thank you.
Infolawyer
Infolawyer, Attorney
Category: Landlord-Tenant
Satisfied Customers: 61,575
Experience: Experience representing landlords and tenants.
Verified
Infolawyer and 87 other Landlord-Tenant Specialists are ready to help you
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Customer reply replied 4 months ago
Ok, thank you very much.
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Infolawyer
Infolawyer
Infolawyer, Attorney
Category: Landlord-Tenant
Satisfied Customers: 61,575
61,575 Satisfied Customers
Experience: Experience representing landlords and tenants.

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