My landlord and I have a court date scheduled for this morning. On March 14, I received a notice of petition without a call or any prior formal warning. They hung the petition on my door, and left it for me a week after they filed it. Also the attached a three day notice to it which I never received. The three day notice describes it individual that does not look like me. I live alone and I was at work so no one was in my apartment
to receive it. In the petition the landlord claims that I did not pay two months rent, however I paid January rent prior to receiving the notice of petition for nonpayment (which he claims I still all even though he's cashed the payment); and February rent which I sent to him via express mail return receipt requested along with the late payment charge and legal fees charge. To this day he still has not pick up his mail from the post office.
My lease recently expired February 28th, but I renewed just shortly before it expired. Further, I told the landlord that I was moving out mid lease (by early summer) and we made an agreement that once I provide official notice and a vacate date I would, in turn, allow him to show the apartment so that I could get my security back when I leave.
I was unemployed for sometime and doing contract jobs before this so my rent was late for a little while, but never more than a month behind. My landlord was aware of my situation because I had discussed it with him and he seemed understanding and amenable to working things out as long as I paid even if I paid late. I always paid.
I think this is happening because I renewed my lease and I asked to get my security back. A major home-improvement was done in my bathroom last year due to a plumbing
issue that I did not cause.
I have proof of everything for court. Registered mail pieces and tracking data, copies of money orders and cancelled checks I used to pay rent and send correspondence.
I want the case dismissed, not merely settlers because I wasn't served properly, and I paid my debt. I don't want my tenancy record damaged in nyc where they blacklist folks for having a court record
What should I do?