After six years ...

[zguyNY]

What is the name of your state? NY
I hope that someone can give me some advice.
We moved out of this appartment 6 years ago. While living in the appartment in the Bronx (around 7-8 years) we always paid rent on time. We then finally purchased our first house and moved out of the appartment on 4/28/2000. We didn't pay rent for the month of April because we figured we had our security deposit in and let's use it for the last rent.

After almost six years some collections agency (attornies representing our ex landlord) is after us and they are suing us for not paying rent for the months of January, February, March, April, and May of 2000.
We have always paid the rent. I have bank statement with copies for Jan, Feb, and March checks, April we didn't pay since we had a month's security deposit in, and we moved out at the end of April, so in May we weren't in the appartment. We were always good tenants, Further more our landlord's office has issued us a good reference letter that we needed to for mortgage processing. I just don't get it, why would someone tell me I didn't pay rent after six years, I have never before received any letters for not paying rent, and again I have the copies of the canceled checks. Do I need to worry about this? I am going out of my mind. Any advice would be greatly appreciated.

RegardsWhat is the name of your state?What is the name of your state?

[PghREA]

Originally Posted by zguyNY

What is the name of your state? NY
I hope that someone can give me some advice.
We moved out of this appartment 6 years ago. While living in the appartment in the Bronx (around 7-8 years) we always paid rent on time. We then finally purchased our first house and moved out of the appartment on 4/28/2000. We didn't pay rent for the month of April because we figured we had our security deposit in and let's use it for the last rent.

After almost six years some collections agency (attornies representing our ex landlord) is after us and they are suing us for not paying rent for the months of January, February, March, April, and May of 2000.
We have always paid the rent. I have bank statement with copies for Jan, Feb, and March checks, April we didn't pay since we had a month's security deposit in, and we moved out at the end of April, so in May we weren't in the appartment. We were always good tenants, Further more our landlord's office has issued us a good reference letter that we needed to for mortgage processing. I just don't get it, why would someone tell me I didn't pay rent after six years, I have never before received any letters for not paying rent, and again I have the copies of the canceled checks. Do I need to worry about this? I am going out of my mind. Any advice would be greatly appreciated.

RegardsWhat is the name of your state?What is the name of your state?

Apparently someone audited their books for some reason. If you have the proof you paid your rent, don't panic, just show it to them.

[zguyNY]

Thanks for you reply PghREA.
This is also what I don't undertand.
I sent copies of the Checks from my bank statements for January, February and March to the attorneys representing my ex-landlord. And they didn't react to it, they are still pursuing the case. Am I missing something?
Also we had a hearing scheduled on 1/9/06 and they didn't show up, due to a car trouble and when I was asked if I wanted to postpone or dismiss the case, I said I want it dismissed.
Now these attorneys sent me a Notice of Motion with yesterdays date 92/13/06). I went yesterday to the court and learned that the court was closed in observence of Lincoln's Birtday. So I made the trip for nothing. I tried calling the attornies to ask about the new date, but nobody called back. Finally this morning I called the court's clerk and was told that the case was not reopened yet, that probably the collecting attornies sumbitted it and the court had rejected it because of the holiday. What is frustrating is why I wasn't told about this, but had to take off from work to go to the court for no reason. I just feel like they are toying with me. Is there anyone that I could complain to? or nobody wants to hear this?

[xylene]

Originally Posted by zguyNY

What is the name of your state? NY
I hope that someone can give me some advice.
We moved out of this appartment 6 years ago. While living in the appartment in the Bronx (around 7-8 years) we always paid rent on time. We then finally purchased our first house and moved out of the appartment on 4/28/2000. We didn't pay rent for the month of April because we figured we had our security deposit in and let's use it for the last rent.

Did you have a lease? If you did when did your lease end?

Lease or not, when did you give your notice and did you give it in writing?

Concerning your use of security deposit as rent, when you say "we figured" do you mean we like your family or you and your landlord? Because I find it highly unlikely that any lanlord, let alone an NYC landlord, would agree to have the security deposit used as rent.

When you moved out did you do a walk-thru with the landlord? Did you get any documents? Was everything square? Did they know where to contact you or did you bail?

Its good you have the proof of payment. But you may owe April and May depending on the answers to the above questions.

One could suspect that this pursuit of the matter now is due to the statute of limitations, which my research shows to be 6 years for this kind of matter.

Have you already bean sued? IE do they have a judgement, or is the matter still pending? Has a court date been set?

[zguyNY]

Lease we did have, I honestly don't remember any details about it.
by "we" I meant my family (wife and 3 kids)
Using the security deposit for the last rent seemed logical at the time, when every penny counted, with moving to a new home etc.

The appt. was left in good condition, someone moved in the next month right away. When we moved out the superintendent was around and left him the keys.
We did fill out the change of address form with the post office. Our mail was forwarded to us. The super knew where we were moving to, and also our phone is not private.
Again, we spent there about 8 years, and always paid rent on time. We didn't get any documentation of any kind. the managing office issued us a reference letter that we needed for mortgage processing.

I hope that my proof for jan, feb, and march can make their case weak. They have never told me with the basis of their claim was.
Had a hearing scheduled for 1/9/06, but the plaintiff did not show up, due to a car trouble. I asked to dismiss the case.
The plaintif sent me a notice of motion with the date 2/13/06. I went to the court on that day, and guess what? the court was closed in observence of Lincoln's birtday. I took off from work for nothing. How cold they do that, with them being attorneys, seems very unprofessional, and unethical.
Now, I guess I am waiting for another notice of motion from the plaintiff.

[ENASNI]

Originally Posted by zguyNY

Lease we did have, I honestly don't remember any details about it.
by "we" I meant my family (wife and 3 kids)
Using the security deposit for the last rent seemed logical at the time, when every penny counted, with moving to a new home etc.

The appt. was left in good condition, someone moved in the next month right away. When we moved out the superintendent was around and left him the keys.
We did fill out the change of address form with the post office. Our mail was forwarded to us. The super knew where we were moving to, and also our phone is not private.
Again, we spent there about 8 years, and always paid rent on time. We didn't get any documentation of any kind. the managing office issued us a reference letter that we needed for mortgage processing.

I hope that my proof for jan, feb, and march can make their case weak. They have never told me with the basis of their claim was.
Had a hearing scheduled for 1/9/06, but the plaintiff did not show up, due to a car trouble. I asked to dismiss the case.
The plaintif sent me a notice of motion with the date 2/13/06. I went to the court on that day, and guess what? the court was closed in observence of Lincoln's birtday. I took off from work for nothing. How cold they do that, with them being attorneys, seems very unprofessional, and unethical.
Now, I guess I am waiting for another notice of motion from the plaintiff.

zguy, You might want to try re-posting this in the Debt collection part of the forum. Ladynred and Debtguy and a few other people there are excellent and might have some techniques for you.

Just reference that you were here. ( not saying that these people were not helping, just saying that over there it is their specialty. )

This sounds bogus to me, and I really dislike when I hear that people are being jacked around, but the only advice I can give you guy, is to go to the forum jump in the right bottom corner and seek advice from the experts in the collections dept.

Good luck

[BL]

You said in their complaint that they are claiming for " rent " that you have proof of paying , plus I hope you have proof a security deposit existed .

While a Landlord can use security Deposit for back rent , that's not it's intent .

If you can dispute the exact allegations they claim you should be ok .