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Need help - Notice of Petition

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purple21

Junior Member
What is the name of your state? New York

I just recvd a Notice of Petition to Recover Real Property (Non-payment).
I'm 4 months behind in rent. I'm having some financial hardships and was unable to pay the full amount when asked by the landlord so I then recvd the petition. I understand why they did this and that I am responsible to pay the backrent but I'm just confused as to what happens now.

It gives a court date and I'm unsure what is going to happen. When I talked to the landlord she was friendly about it and said they would just discuss a payment plan for the back rent however after receiving the paperwork it seems like a bigger deal than that.

The petition states to respond either in writing or in person - the court date is a week from tomorrow. Will they try to make payment arrangements or if I don't pay the full amount on the court date will they evict me? I'm just a little confused and looking for a little advice on what to expect.

The other condition is that I'm getting laid off at the end of Sept and I recvd a new job out of state so I'm planning on vacating the apartment in October - however I just renewed the lease in July because I wasn't sure what I would be doing at the time and they didn't offer a month to month lease.

Please help I'm so confused and nervous.
thanks
 


JETX

Senior Member
purple21 said:
It gives a court date and I'm unsure what is going to happen. When I talked to the landlord she was friendly about it and said they would just discuss a payment plan for the back rent however after receiving the paperwork it seems like a bigger deal than that.
Yep. You are being evicted. What will happen is... the court will give them an order directing you to leave THEIR premises. You will probably have a week to 10 days to leave. If you don't, the sheriff will come and help you leave.... and bill you for his time.
 

purple21

Junior Member
oh man that really stinks - I'm not sure why the landlord said the lawyers wouldn't kick me out but try to work out a payment plan and if I didn't follow it then I would be in trouble

if I do get evicted - what about the back rent and current lease?
 

longneck

Member
purple21 said:
oh man that really stinks - I'm not sure why the landlord said the lawyers wouldn't kick me out but try to work out a payment plan and if I didn't follow it then I would be in trouble
that COULD happen, but don't count on it. it all depends on the mood of your LL, their lawyer, and the judge.
if I do get evicted - what about the back rent and current lease?
you still owe it. the LL will go to court again and get a judgement against you if you don't pay it immediately.
 

purple21

Junior Member
Is it possible to contact the lawyers before the court date to work out something ahead of time - is that done at all?
 

JETX

Senior Member
purple21 said:
Is it possible to contact the lawyers before the court date to work out something ahead of time - is that done at all?
Yep. Done, or at least attempted, all the time. If you are able to resolve the matter, just make sure you get any agreement in writing and confirm a dismissal of the lawsuit with the court PRIOR to the hearing schedule.
 

purple21

Junior Member
Well I finally was able to talk to someone at the lawyer's office today - I left sev msgs but didn't recv a response earlier due to the holiday and all.

The woman I spoke to is going to ask the LandLord if they will agree to my request for a payment schedule. She said she won't have an answer until later this afternoon or tomorrow. Since I already plan on leaving the apartment I'm not sure why we still need to go to court to get me out sooner, since the woman also gave me a hard time in regards to my new lease. I also told her if they don't agree to my payment terms then what payment terms would they agree to. I know they want all their money today which I wish I could do but I can't. Wouldn't a payment agreement be better than them having to go to court.

Anyways, while my nerves are completed shot (I know it's my own fault but things happen out of our control) I just have one more question. I know I'm still waiting on the lawyers and landlord response but do you think it is my best interest to hire a lawyer for myself to try to get some agreement made - or is it no use since it will just cost me more money. Just wondering if that would make any difference in whether or not they would agree to a payment agreement, would I have better luck if it came from a lawyer?
 

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