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3-day notice false information. Have a court day in a few days. Please help.

New York, NY |
Filed under: Landlord-tenant

I received a 3-day notice where they claim that they gave it to me personally. They don't actually state my name as they claim that I refused to give my real name. A description is given instead - which does not exactly match me. The reality is that I was not home and no-one else was in the home. I can prove with plane tickets that I was out of NY state on the day they claim to have served me. This 3-day notice is sworn and notarized. Aren't they breaking the law by giving false statements? I have now been served with a Notice of Petition - actually it was given to the doorman as I was not home... Is that legal? I do not owe maintenance only late fees and legal fees which I have not paid as I cannot get them to explain and itemize them for me. What should I do? Court day is 8/20/12

Attorney Answers 3

Posted

I wouldn't stress about the service of the three day notice. This is just the beginning of a long process. Eviction doesn't happen in couple of weeks. Your main focus should be to show up for the scheduled hearings, coherently explain your position to the judge (a lawyer would be a big help) and think how, or if, you can bring your rent up to date. I assume that's the reason the landlord wants to evict you?

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4 comments

Asker

Posted

No all maintenance is paid up. Well, they still have not cashed the last check I sent them. It always takes them weeks to cash it. The dispute is over unpaid late fees and legal fees. They claim that I owe over$5000 in late fees, which supposedly are at 2% so if you do the math, I would have to owe them more than 250K which obviously is not so, as my maintenance is almost 2000. I would have to owe every single month for over 10 years to be able to accumulate a late fee of $5000. And I have obviously paid, last 2 months were late I will admit, and I have only been here for about 6 years.... How can I get them to explain the charges to me? And eliminate frivolous legal charges? e.g. charging me almost $900 for serving me papers that they obviously could not have served as they stated - in person as I can prove I was out of state.

Robert A. Stumpf

Robert A. Stumpf

Posted

Well, getting them to explain the charges to you (if it's not in the petition they served you with) should be part of the process you are going to go through in Housing Court. You or your attorney will make sure they supply these facts as to prove your case. At the end of the day (and again, I think you should hire an attorney) a lot of the charges they are going to go after you for probably aren't going to stand. You'll have your chance to tell your side of the story, don't worry.

Asker

Posted

thank you so much! I will get a lawyer.

Robert A. Stumpf

Robert A. Stumpf

Posted

my pleasure, good luck

Posted

Dear I do not owe maintenance:

Perhaps I might provide an answer.

You obtained your court date (August 20, 2012) when you "answered" the petition in the office of the Housing Court Clerk. Your Answer should state all defenses you rely on to make the court to decide to dismiss the petition.

Defenses based on defective service must be stated in your answer and must be presented in a factual manner that actually controverts the affidavit of the process server.

Your "facts" if stated in your Answer, that you were not in NYC when the process server claimed to serve you in person with the rent demand (the three day notice) and that the notice of petition and petition was "served" on a cooperative employee (the doorman) are real defenses and could result in a dismissal, but only if you stated those defenses in your answer.

Although a defense based upon bad service of the rent demand is not a defense based on a claim of a lack of personal jurisdiction (as would be the ground for dismissal for the improper service of the notice of petition and petition) your answer should have provided some detail regarding your proof that the process server lied about the service of the rent demand.

Technically, the court does not have jurisdiction in a nonpayment summary proceeding when there is no prior demand for the payment of the rent.

Your answer should have stated your defense on the "merits" of the case; that is that no maintenance is owed and the claim in the case is for undocumented late fees and undocumented legal fees. Generally, a nonpayment proceeding should be about a claim for unpaid rent (maintenance in a cooperative) and usually alleged "late fees" and "legal fees" alone should not support a nonpayment proceeding petition.

A good place for you to measure the quality your filed answer in respect of the defenses you presented against a "model" answer is at:

http://www.courts.state.ny.us/courts/nyc/housing/answering.shtml

and at:

http://www.courts.state.ny.us/courts/nyc/housing/nonpayment.shtml

Good luck.

The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.

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1 lawyer agrees

Posted

Your own observations state some good defenses to the court case.
Please call me office at 212-359-9576 to set up an appointment.

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