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  1. #1
    Serenity2009 is offline Member
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    LL trying to evict for more than owed

    What is the name of your state (only U.S. law)?NY

    I just got a notice from my LL that I have to pay $2200 in three days or move.

    I lost my job due to the extreme flooding, and I admit I am $425 behind, I know I owe him a $50 late fee. I told him I am trying to get help and the latest I would satisfy my debt would be in two weeks, and pay November's rent.

    Before July I had paid rent in cash but when he had tried to say I owed him more rent when we had an agreement I insisted on paying by check. July's rent check, August's rent check, September's rent check all say "RENT PAID IN FULL" On the note line. October's rent check (partial payment) says October's rent remaining balance $425 with a late fee of $50.

    He said $50 a month from July on is for late fee's (I had his agent a check on or before the first, he never cashes it before the 20th of the month)

    I am not trying to ditch my rent, I know I owe the money and I have told him when I can pay and I will of course pay the late fee. With Cashing the checks with the notes can he really say I have not paid my rent in full and owe an amount from before I started paying by check? Can he charge me a late fee for him cashing the check late?? He refuses to tell me why he believes I owe $2200. I've never been through an eviction and I want to fight because I do not owe $2200, I honestly do not know what to do at this point.
  2. #2
    fmoadab is offline Member
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    As important it is what your landlord says, but as a tenant you have rights and unless a letter comes from Court that you must move, you don"t have to go anywhere. Your story is very confusing. I hope that you have receipts of some sort for all the cash rents you paid, because that could be a small problem. Your checks that he cashed in late should not be subject to late fee, because the date on the check, and your statements can show that he holds on to them for that period. Try to reason with your LL, but don't get intimidated. Continue to pay your rent by check and keep good records so if he files a complaint, you can show them in court. Good Luck
  3. #3
    Gail in Georgia is offline Senior Member
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    Your landlord has served you with a "Pay or Quit" notice, giving you a certain amount of time to remedy the issue (i.e., owed rent). If you believe you only owe a certain amount that is less than what the landlord claims, you pay this amount before the deadline.

    If the landlord chooses to continue to file for an eviction based on what they claim you continue to owe, they must do it through the court system. Only a court can grant an actual eviction.

    If it comes to this, you will be served notice when a court hearing over the matter will be held. At that time you show up for the hearing with copies of your cancelled checks to use as evidence that the eviction request should not be granted as you are now caught up with your rent.

    Steps to evict someone in New York (state) are outlined in the attached:

    [url=http://www.lawny.org/index.php/housing-self-help-141/housing-and-eviction-self-help-142/48-general-eviction-information]General Eviction Information | Legal Assistance of Western N[/url]

    Gail
  4. #4
    sandyclaus is offline Senior Member
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    Quote Originally Posted by Serenity2009 View Post
    What is the name of your state (only U.S. law)?NY

    I just got a notice from my LL that I have to pay $2200 in three days or move.

    I lost my job due to the extreme flooding, and I admit I am $425 behind, I know I owe him a $50 late fee. I told him I am trying to get help and the latest I would satisfy my debt would be in two weeks, and pay November's rent.

    Before July I had paid rent in cash but when he had tried to say I owed him more rent when we had an agreement I insisted on paying by check. July's rent check, August's rent check, September's rent check all say "RENT PAID IN FULL" On the note line. October's rent check (partial payment) says October's rent remaining balance $425 with a late fee of $50.

    He said $50 a month from July on is for late fee's (I had his agent a check on or before the first, he never cashes it before the 20th of the month)

    I am not trying to ditch my rent, I know I owe the money and I have told him when I can pay and I will of course pay the late fee. With Cashing the checks with the notes can he really say I have not paid my rent in full and owe an amount from before I started paying by check? Can he charge me a late fee for him cashing the check late?? He refuses to tell me why he believes I owe $2200. I've never been through an eviction and I want to fight because I do not owe $2200, I honestly do not know what to do at this point.
    In most jurisdictions, the 3-day Notice to Pay or Quit must provide details to indicate how the unpaid rent due has been calculated. That notice usually cannot include any amounts that AREN'T unpaid rent, such as late fees, utility bills, etc.

    Just because your checks state "Rent PAID IN FULL" don't necessarily mean that it was, just that your checks say that it is. I concur with the other posters that say to pay what you KNOW to be is the amount you owe. If your LL decides they want you to pay more than that, they will have to substantiate it in their court hearing. As long as you have your own payment records to show what you have paid and when, then you should be able to show exactly what amount you claim is unpaid. If you are NOT receiving a receipt for CASH rent payments, then stop allowing it - you are ENTITLED to a receipt when you pay your rent. If the LL doesn't offer one, then type up one of your own that shows the amount being paid, what it is being paid for, and stating what balance (if any) is still outstanding. Don't hand over any cash unless the LL signs this receipt, or offer a check instead that will serve as your receipt for future payments.
  5. #5
    Serenity2009 is offline Member
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    I was just contacted by the landlords agent, she stated that the $2,200 includes this month's rent, August's rent, along with the water bill and late fees.

    The water bill we had settled months ago.

    She said he will not cash this months check as I wrote on the note line "October's rent remaining balance $425 with a late fee of $50." He wants me to rewrite the check to say payment for back rent. I do not owe him any more than a total of $475 for rent and late fee. My pay check will be in my bank Monday and I will be able to pay that then.

    She also said every month that I have paid rent I have been late and as such I owe late fees for every month, she picked up the checks on or before the first of every month.

    A lawyer told me that writing "September's rent paid in full" and such was binding if he cashed the check.
  6. #6
    sandyclaus is offline Senior Member
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    Quote Originally Posted by Serenity2009 View Post
    I was just contacted by the landlords agent, she stated that the $2,200 includes this month's rent, August's rent, along with the water bill and late fees.

    The water bill we had settled months ago.

    She said he will not cash this months check as I wrote on the note line "October's rent remaining balance $425 with a late fee of $50." He wants me to rewrite the check to say payment for back rent. I do not owe him any more than a total of $475 for rent and late fee. My pay check will be in my bank Monday and I will be able to pay that then.

    She also said every month that I have paid rent I have been late and as such I owe late fees for every month, she picked up the checks on or before the first of every month.

    A lawyer told me that writing "September's rent paid in full" and such was binding if he cashed the check.
    So this is a bit more simple. If, as you say, the LL has already cashed the rent check for August, then that amount can be deducted from the total the LL is demanding (since you have proof of that).

    And if that lawyer you are speaking of is correct, then when September's rent check was cashed, that would have wiped out any alleged balances due prior to your October rent payment.

    As for the late fees, if your checks were written and given to the LL's agent prior to the first as you claim, then the LL may have a difficult time proving that late charges are appropriate. In order to avoid the issues of late rent claims in the future, I suggest that instead of writing your own personal check, you have the bank issue a bank check for the rent. That bank check is dated according to when THE BANK received the funds to cover the check, proving that this is the same date when those funds were available to the LL. If they cash the check late, then you can prove that the check was good on the date of issue, and the late cash date can be attributed to the LL.

    The problem still remains that the CURRENT month's rent is not yet paid in full. If the LL wants to proceed with eviction based upon that, they can. They are under no obligation to wait until next week for you to cover the unpaid rent balance due for October.
  7. #7
    Serenity2009 is offline Member
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    I had thought this was settled but received a call from the Land Lord today.

    First I should tell how court went.
    Showed proof that I paid everything except October's rent (LL received a check from Social Services did not tell the court or I that.)

    The LL did not bring the correct lease, and I had not brought the check from April, the judge told us to bring the documents by the end of the day. I did, waited at the court until closing he did not show. The next day his agent turned the lease into the court, I called to check the status the next day the Judge made a ruling with out any one present and granted the Warrent of eviction for late fees (LL cashed the checks late, were given on time.) and a third of a water bill (the third of the water bill is incorrect because it includes for refuse NOT on the lease).

    I was given the Warrant by the agent and told to pay up. Took it to DSS for help (Sign a paper agreeing to pay back what they pay) they said the judgement was fraudulent as October rent was paid and there was nothing that could be done.

    I talked with the agent for the land lord and she said that I could make payments towards the judgement. I have, have proof that I have. Well she called today and said I still have the Warrent of Eviction that was Issued on November 7th. I will use it unless you give me 1,500... Now the judgement was for 900, dss paid 425 of that and I've paid the remaining 475. I don't owe any thing!

    I tried talking to the clerk at the court and she is clueless and told me to call a different city court for information. I talked to a neighboring city court and they said they did not think it was still good.

    Not allot of help there. Is there anything I can do short of paying again or moving?
  8. #8
    BL
    BL is offline Senior Member
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    Quote Originally Posted by Serenity2009 View Post
    I had thought this was settled but received a call from the Land Lord today.

    First I should tell how court went.
    Showed proof that I paid everything except October's rent (LL received a check from Social Services did not tell the court or I that.)

    The LL did not bring the correct lease, and I had not brought the check from April, the judge told us to bring the documents by the end of the day. I did, waited at the court until closing he did not show. The next day his agent turned the lease into the court, I called to check the status the next day the Judge made a ruling with out any one present and granted the Warrent of eviction for late fees (LL cashed the checks late, were given on time.) and a third of a water bill (the third of the water bill is incorrect because it includes for refuse NOT on the lease).

    I was given the Warrant by the agent and told to pay up. Took it to DSS for help (Sign a paper agreeing to pay back what they pay) they said the judgement was fraudulent as October rent was paid and there was nothing that could be done.

    I talked with the agent for the land lord and she said that I could make payments towards the judgement. I have, have proof that I have. Well she called today and said I still have the Warrent of Eviction that was Issued on November 7th. I will use it unless you give me 1,500... Now the judgement was for 900, dss paid 425 of that and I've paid the remaining 475. I don't owe any thing!

    I tried talking to the clerk at the court and she is clueless and told me to call a different city court for information. I talked to a neighboring city court and they said they did not think it was still good.

    Not allot of help there. Is there anything I can do short of paying again or moving?
    NYC or outside of NYC ?

    What County ?
  9. #9
    Serenity2009 is offline Member
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    Out side NYC

    Broome County

    Warrant of Eviction was given on 11/7/2011 if it matters
  10. #10
    BL
    BL is offline Senior Member
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    Quote Originally Posted by Serenity2009 View Post
    Out side NYC

    Broome County

    Warrant of Eviction was given on 11/7/2011 if it matters
    Call the court's clerk to get a list of who actually conducts physical evictions once a 3 day notice is posted .

    Call them folks and ask if they would still conduct the eviction if the LL contacts them .

    If not, the LL would have to start over.

    Try contacting legal aid also.

    To Note: If a Landlord accepts rent even in part during the month a LL seeks to evict and it's brought to the court's attention ,the court "should" tell the LL/Agent/Attorney ,the LL can not evict during that month.Also the LL would have to sue in small claims for prior rent owed.

    However the LL can restart eviction if rent goes unpaid the following month.
    Last edited by BL; 12-28-2011 at 10:42 AM. Reason: To Note:

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