Thursday, December 10, 2009

I was 2 weeks late with my rent this month.?

I came home from work and had a 3 day notice to vacate taped to my door. The notice was dated April 13. I received it on April 17. Is this entire procedure even legal? Getting sued for being late for two weeks then receiving a 3 day notice 4 days after the original date? How can I get proof of the delivery date? I live in New York. Thank you.



I was 2 weeks late with my rent this month.?symphony



Yes, it is legal. Technically it legal one day after your late, according the laws in your state. So many people are confused over landlord tenant laws. Some will tell you it's whatever the lease says and well, that's mostly incorrect. The law defines what can and cannot be in the lease. Mostly just what can be. You can technically put whatever you want in a lease, that doesn't make it the law. I think most people are confused from watching Judge Judy and the like :0P Anyhow, it is legal, just pay your rent and if he takes you to court you can show proof that you paid. I recommend using a check to pay and writing the landlord a letter explaining why you were late and mailing it to him. As far as proof of when he delivered the notice, don't worry about that. What he's doing is trying to let you know that he or she means business and they don't want tenants who pay late. Bottom line though - if you pay right away - he can't evict you. Judge will throw the case out and the owner will have absorbed the cost of the legal fees.



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It isn't legal.
your landlord needs to go through a legal eviction which will give you 30 days notice to move out. The landlord can't give you a hand written notice and tell you to move. If he changes the locks or throws you out, you have the right to sue the landlord for an illegal eviction.
Yes, it is legal. the three day notice is a formaility, but he will need to go through the eviction process. Remember, if he goes through the eviction process, and legal fees may be your responsibility depending on how the lease is written. I always write that in. I would pay up or get out!!!
If I see one more person saying that "legally" you need to be given "30 days notice", I am going to scream. There are no universal notice requirements, especially for non-payment. The law differs from place to place. Some states don't even require notice before court proceedings are started.



Date of service and date of notice are two different things. At this point, neither matters because you have paid the rent.



Since you have paid your past-due rent, you have two options. One is to ask your landlord to dismiss the complaint and furnish you with a copy. The second is to file an answer to the complaint with the rent having been paid as your defense. If I recall correctly, NYC requires that a tenant file an answer to a housing complaint. It may be the same for the entire state.



You aren't be "sued" because you "paid late". You are being taken to housing court in NY for non-payment, which results in a judgment for posession if you do not pay.
ONLY A CITY MARSHALL CAN EVICT YOU. After the landlord has received judment.



The Marshall who delivered the legal notice should have left a phone # on the notice.



Since you were only 2 weeks late sounds like your landlord hasn't read the laws.



Go to this web site it has info on legal eviction of NY. It also tells you what to do if the landlord is trying to evict you illegally.

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