Legal Question in Landlord & Tenant Law in New York

Being Evicted from My Apartment

I just recently received the first bits of paperwork regarding my lack of payment of rent, notifying me that I need to go to court. However, the name on the paperwork, that of the leasee (my mom) is spelled incorrectly. What should my next step be?


Asked on 1/13/09, 3:33 am

2 Answers from Attorneys

Steven Czik CZIK LAW PLLC

Re: Being Evicted from My Apartment

A mispelled name on such paperwork does not mean you cannot be evicted. You need to pay the rent or hire an attorney to represent you in court and maybe negotiate some time for you to move out. We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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Answered on 1/16/09, 2:24 pm
Michael Markowitz Michael A. Markowitz, PC

Re: Being Evicted from My Apartment

If there is a rental agreement you should pay your rent. A rental agreement may be in writing or oral. If there is a reason for you to not pay your rent (no heat, not hot water, rodents, insects, etc.), you should document the problem. Either instance, you must go to court on the return date.

The fact that your mom's name may be misspelled is not a jurisdictional defect in the petition.

Mike.

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Answered on 1/13/09, 7:54 am


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