Legal Question in Landlord & Tenant Law in New York
My landlord is trying to evict me for being 3 days late on rent. He lost the first eviction due to not filing or serving papers correctly. He re-filed and immediately served me with new papers for 5 days from this today's loss in court. This is a clear retaliation case due to a crime that happened on the property that I called state police into. He will not work a deal with me on paying this month's rent. Can he do this? If I pay rent by court date or before warrant is issued, is it a pay and stay?
1 Answer from Attorneys
Q. He will not work a deal with me on paying this month's rent. Can he do this?
A. Yes. The Court will only enforce an agreement. It will not force a settlement.
Q. If I pay rent by court date or before warrant is issued, is it a pay and stay?
A. If it is a non-payment proceeding, the answer is yes.
Mike.
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