Legal Question in Landlord & Tenant Law in New York

Being sued fo backed rent

Well my landlord is suing me for three months rent but I think it should be two because she kept my deposit. I told her a head of time that I couldn't afford the rent because I was having money problems I'm a single mom with two babys. I told her that I was gonna move as soon as possible but that i need the money to move. Now she served my father who was walking past the house the dosen't even live around me is that legal? the summons has no date to appear at court and the landlord served my dad himself and there saying it was the guy up stairs. There also suing me in a boro that the live in not mine. Can they do this? The whole thing feels illegal and I don't know what to do.


Asked on 9/20/05, 2:18 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Being sued fo backed rent

This is not 100% legal, but it is common.

1. They may serve you or an adult at your residence if they follow with mail. But if your father was not on the premises (that includes the property attached to the building, but not the sidewalk), then he may not be served.

He must appear in court or submit a notarized statement that he was not at the house when handed the documents.

This will delay the action, but not stop it.

There are a number of sources to help a working mother with children with her rent; jiggets, catholic charities, and others. Go to the courthouse or to 'Legal Aid' and get the information.

Good luck.

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Answered on 9/22/05, 1:13 pm


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