Legal Question in Landlord & Tenant Law in New York

Late Rent

I found out today that I accidently mailed my rent to the wrong house. My landlord is telling me I have until tommorrow(Oct. 15) to pay the rent which I can't do. Can she kick me out? I have a 12 month lease that ran out a over a year ago. And I never been late with my rent. What should I do? I'm going to the post office in the morning to see what happened.


Asked on 10/14/08, 9:37 pm

3 Answers from Attorneys
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Late Rent

you can not be evicted without a court order to evict you, this would take many months to secure... speak to yoru land lord and let them know that there was a mistake, that you will rectify it... and take whatever steps you can in order to remedy the situation...

do not fear being evicted, the likelihood is non-existant, especially if you have been paying on time for some time and if you remedy the situation within a reasonable period of time...

much luck.

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Answered on 10/15/08, 4:20 pm
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: Late Rent

It is not so simple. The LL has to hire a lawyer and give you a petition for eviction based on holdover or nonpayment. This costs $$$ and means that the LL needs a lawyer. Pay your rent and you should be fine. Your LL may just be posturing.

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Answered on 10/15/08, 7:17 am
Michael Markowitz Michael A. Markowitz, PC

Re: Late Rent

Adding to what Jason says, if the eviction is based on a non-payment of rent, you can cure the non-payment with the payment of rent before the Court awards Judgment of Possession.

Mike.

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Answered on 10/15/08, 10:54 am


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