Legal Question in Landlord & Tenant Law in New York

I have a question on possible eviction and how to stop it, if possible

I was served a notice to report to court on gettin possesion of my apartment back due to the fact that i missed a rental payment!! Is there something that can be done at this point to stop the eviction??


Asked on 9/08/03, 7:13 pm

3 Answers from Attorneys

Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: I have a question on possible eviction and how to stop it, if possible

Pay your rent and if the Landlord doesn't accept it, bring the rent money to court with you and tell Judge you offered to pay rent. If you do not have the money to pay rent, ask the Judge for some time to make up the payment. Have a repayment plan that you can stick to. If you didn't pay the rent because there is something wrong with the apartment (leaks, bugs, appliances broken, etc.) that is a defense to non-payment of rent. Take pictures, tell the Judge.

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Answered on 9/09/03, 8:44 am
Stephen Loeb Law Office of Stephen R. Loeb

Re: I have a question on possible eviction and how to stop it, if possible

If you agree to pay the back rent you should be OK. IF you need a lawyer I would be happy to talk to you about this.

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.

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Answered on 9/09/03, 9:17 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: I have a question on possible eviction and how to stop it, if possible

If you have already been evicted, then you need a motion to restore you to the apt. An 'order to show cause' is the standard form. It is not complicated, but you must show that you can pay the back rent.

If you have not yet been evicted, that means you must communicate with the judge. You must show that you can pay the rent or set up a reasonable payment schedule. the judge will do everything she can to avoid evicting you.

good luck.

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 or (718) 729-2029

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Answered on 9/09/03, 12:38 pm


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