Fighting an Eviction

[ambiomom]

Hello everyone. I live in the city of Schenectady NY. I have an three day eviction notice question to ask. My landlord stopped by the apartment and we had a nice long chat. Now the landlord wanted to know if I could pay December's 2010 rent. I told him yes which I have right now. He doesn't seem to care that I'm still there as long as he gets paid. OK. He also let me know that the sheriff would be around to give me my notice. I asked him if I pay him Dec'2010 rent directly to him or his lawyer would that be a problem. He said no. Now here is the question, I have tried to call his lawyer and ended up talking to his secretary who said that she would call right back. Nothing. Now the question that I have is what do I do next? If he is willing to work with me then what is the problem? All he seemed concerned about is can I pay this rent? I need advice!!

 

[BL]

Hello everyone. I live in the city of Schenectady NY. I have an three day eviction notice question to ask. My landlord stopped by the apartment and we had a nice long chat. Now the landlord wanted to know if I could pay December's 2010 rent. I told him yes which I have right now. He doesn't seem to care that I'm still there as long as he gets paid. OK. He also let me know that the sheriff would be around to give me my notice. I asked him if I pay him Dec'2010 rent directly to him or his lawyer would that be a problem. He said no. Now here is the question, I have tried to call his lawyer and ended up talking to his secretary who said that she would call right back. Nothing. Now the question that I have is what do I do next? If he is willing to work with me then what is the problem? All he seemed concerned about is can I pay this rent? I need advice!!

So , while your LL was at your Apt. and you had/have the rent ,why didn't you pay it to the LL and have him/her write a receipt for Dec. rent ,signed and dated on a piece of paper ?

Tell the LL to come back over with a receipt and you will pay the rent .

If the LL does not withdraw the eviction suite ,show up and present your receipt .

 

[Searchertwin]

Hello everyone. I live in the city of Schenectady NY. I have an three day eviction notice question to ask. My landlord stopped by the apartment and we had a nice long chat. Now the landlord wanted to know if I could pay December's 2010 rent. I told him yes which I have right now. He doesn't seem to care that I'm still there as long as he gets paid. OK. He also let me know that the sheriff would be around to give me my notice. I asked him if I pay him Dec'2010 rent directly to him or his lawyer would that be a problem. He said no. Now here is the question, I have tried to call his lawyer and ended up talking to his secretary who said that she would call right back. Nothing. Now the question that I have is what do I do next? If he is willing to work with me then what is the problem? All he seemed concerned about is can I pay this rent? I need advice!!

You did a little double talk. First you suggested that you had the rent, "I told him yes which I have right now."
Than you said, "I asked him if I pay him Dec'2010 rent directly to him or his lawyer would that be a problem."

No LL would turn down instant cash. So this is a lie. That's why you said that if you can pay him or lawyer. You did not have the money. Have you tried contacting the lawyer? NO.. The secretary could have taken the rent and gave you a receipt.
And why shouldn't he be concern ONLY that you can pay. You owe him money! If someone owed you money wouldn't that be your main concern when you saw him? Think about it.
Advice: Pay the man, or secretary and get a receipt, if you got the money or take the notice and pay the price. Your choice

 

[Gail in Georgia]

I agree. If you had the rent money, why didn't you pay him then?

If you received the 3 day Pay or Quit notice back in December (which would make more sense since it's over a month late) and did nothing about this, it is likely the landlord has gone ahead and filed for eviction. This would explain the comment about the sheriff coming around to serve you notice regarding the eviction hearing.

At that point you would owe both the rent and the court costs for this filing. You would also need to attend the hearing to present your evidence that you are up to date on your rent (plus any late fees).

In addition, we're now into January and if your rent is due on the first of the month you still remain behind on payment.

Of course the landlord is concerned that you can pay your rent. Why would he not be?

Gail