Legal Question in Real Estate Law in New York

I served a 3 day notice for a non-payment proceeding in the beggining of May. I thought Tenant would pay what they owed but they did not. Now its June 24th. Can I continue the case by bringing a pettition for non-payment and collect what I stated in the demand plus June's rent or do I need to bring a new 3 day notice in order to collect Junes rent?


Asked on 6/24/10, 12:20 pm

2 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Q. Can I continue the case by bringing a pettition for non-payment and collect what I stated in the demand plus June's rent.

A. Yes. Also, be sure to ask for "use and occupancy". This will cover July.

Mike.

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Answered on 6/25/10, 5:35 am
Steven Czik CZIK LAW PLLC

Yes you can, however, As New York State law is very specific as to the exact wording required in these Court Documents and the manner in which they must be served upon the tenant, it is highly advisable to retain the services of an attorney experienced in these areas. We have handled many such cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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Answered on 6/25/10, 11:32 am


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