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I have a landlord tenant question, Ny, yonkers, Yes eviction…

Customer Question
I have a landlord...

I have a landlord tenant question

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Ny , yonkers

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

Yes eviction marshall 72 hour notice

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

This case many discrepancies that i will like to share with lawyer

Submitted: 1 month ago.Category: Landlord-Tenant
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Answered in 1 minute by:
3/10/2018
Lawyer: barristerinky, Attorney replied 1 month ago
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 41,070
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Has the eviction already been through the courts?

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And the 72 hour notice has already been posted, correct?

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What is your legal question I can help with?

.

.

thanks

Barrister

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Customer reply replied 1 month ago
My daughter went to court for the rent months of december 2017 and january 2018 , before court date she paid january rent, decembers rent was going to be paid by dept social services , went she went to court told judge about the january rent and also told judege that she sent a form to be filled by landlord before the end of january , when my daughter requested landlord to fill form she sent with januarys rent the landlord refuse to fill form and texted my daughter that he was not in any obligation to fill form( bad faith) from landlord. My dughter proceeded to pay another months of rent which landlord credited to the month of february and not december . There for landlord use the court to say she didnt pay december and proceded to have marshall serve with eviction 72 hour notice . We are going to submit an order to show cause to stop marshalls eviction notice. What are the adds to stop eviction 72 hour notice and whats the best way to proceed with the landlord bad intentions . I also had a good communicatin thru text messages in the oast with landlord and i texted him that it was on everybodies best interest to fill dss form so he can get paid which he did not answer me after that text. Please tell best way to go about this.obviously landlord had bad intentions that he did not fill form and also credited 2 month rent sent after the jnuarys payment.
Lawyer: barristerinky, Attorney replied 1 month ago

t the landlord refuse to fill form and texted my daughter that he was not in any obligation to fill form( bad faith) from landlord.

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Unfortunately, the landlord doesn't have any legal duty to help a tenant take advantage of any assistance programs if he doesn't want to. So if he doesn't want to go to the trouble of filling out forms for a subsidy program so he can get paid, that is his legal right..

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As for accepting the rent, he should have applied any rent that he accepted to the oldest rent due first. So if February rent wasn't due yet, that money should have gone to pay Dec. rent.

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So if you have filed an order to show cause to stop the eviction, she needs to focus on the fact that the rent she paid should have been applied to the Ded rent instead of Feb and the landlord misrepresented the situation to the court to get the eviction order..

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