Legal Question in Landlord & Tenant Law in New York

Eviction Notice

Yesterday i reacived Eviction Notice from my landlord, saying that if i don't pay up the money i owe him in 3 days, the Lanlord will commence proceedings. Actually i don't owe him anything, even the opposite. He just double charged me 5 month before, but i kept paying my base rent in time. In addition , when i was moving to this appartment, i moved in 10 days late, because the superintendant couldn't finish the neccesary work in time, and they didn't credit my account for this 10 days.

What do u think i should do?


Asked on 11/30/03, 6:23 pm

3 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Eviction Notice

This is a familiar situation; and always unpleasant.

As long as you have proof of payment indicating you are paid up (and you show up in court to present the evidence) you will be ok.

However, it is always best to have an attorney to best protect your interests.

You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.

Read more
Answered on 12/01/03, 2:31 pm
Steven Czik CZIK LAW PLLC

Re: Eviction Notice

What you have received is merely a preliminary notice to the initiation of proceedings to be filed against you. I would start by writing and or calling the Landlord and informing them of their error, if they still serve you with a notice of petition (which actually starts the proceedings in court) then you will have to appear in court and I would probably reccomend having an attorney with you at that point. Because of their errors you may actually be able to have quite a positive outcome at court and those "summary proceedings" they are threatening you with are actually nothing for you to fear if everything you indicated is true...�..however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

Law Offices of

STEVEN J. CZIK

The Soho Building

110 Greene Street, Suite 1102

New York, New York 10012

(212) 413-4462

[email protected]

The information provided by The Law Offices of Steven J. Czik (LOSJC) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. LOSJC is not taking and will not take any action on your behalf and will not be considered your attorney until both you and LOSJC have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain LOSJC on terms acceptable to LOSJC, you are advised to immediately seek the services of another attorney.

Read more
Answered on 12/01/03, 5:22 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: Eviction Notice

Appear in court and put in an answer with your defenses. It may be worthwhile to hire an attorney versed in landlord-tenant matters to assist you.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

Read more
Answered on 12/01/03, 10:18 am


Related Questions & Answers

More Landlord & Tenants questions and answers in New York