Legal Question in Landlord & Tenant Law in New York
Landlord evicting/suing for rent already paid
The landlord has filed a lawsuit claiming rent was never received for the last 4 months plus interest/late fees. I have receipts for the last 12 months signed, dated, and with the amount all on time. He personally comes over to collect the rent each month, i am 1 out his only 2 tenants. In the lawsuit it claims he has come over each month demanding payment and has not received it. I have a court hearing this week and will bring the receipts. How can he lie to the courts when he personally picks up the rent? and how can he doublecharge me plus add interest/late fees?
3 Answers from Attorneys
Re: Landlord evicting/suing for rent already paid
Perhaps he is confusing you with the other tenant. It probably makes sense for you to discuss this matter with the landlord prior to speaking with the judge to see if he will withdraw the action. If he refuses, this seems like a slam dunk -- you should get a dismissal of the lawsuit.
Re: Landlord evicting/suing for rent already paid
If you have receipts proving oyu made payments you should be OK.
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Re: Landlord evicting/suing for rent already paid
As long as you have your receipts - you are in good shape. You don't need a lawyer at this time. just bring in the receipts (make sure you make a xerox copy also)
One point I want to mention, since his claim is 'frivolous' you may ask the judge for 'costs and disbursements'. Tell the judge that he (the judge) has the power to make such an award under CPLR 8101. costs and disbursements include time lost from work and other, similar, things.
if you need any help, let me know. You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786
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