Can a judge dismiss a holdover case if the landlord has put falsified information in a petition?

Asked about 1 year ago - Garden City, NY

My landlord is taking me to court. It is a holdover case. I have not paid my landlord rent in 4 months due to the fact he is in breach of my habitability rights. In the petition papers that I received, he says that he suing me for not paying rent for a year and a half. This is false information and I have the receipts to prove it. Can the judge dismiss the case based on the landlord false information?

Additional information

I have talked to the landlord on the phone and in person regarding the issues months before I stopped paying him rent. Everytime I would speak to him, he would tell me he can't get involved because he doesn't live on the premises and said I just have to keep calling the police. I even sent him a certified letter regarding these issues.
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Attorney answers (3)

  1. Peter J Weinman


    Contributor Level 18


    Lawyer agrees

    Answered . You're going to need an attorney to represent you in this matter. If you can establish that the landlord has made false statements in his papers, that's not going to help him. However, if you've not paid rent in 4 months, that's not going to help you. not knowing what the issue was and why police were involved, it's impossible to say whether you're talking about issues that would really go to the habitability of the premises. Good luck.

    I may be guessing or not licensed in your state. No atty/client relationship exists.
  2. Steven Warren Smollens

    Contributor Level 20


    Lawyer agrees

    Answered . Dear Garden City Tenant:

    There are limited methods for a tenant to establish a "lie" in the petition. The tenant may make a motion to dismiss. Within the "motion papers" the tenant may assert by affidavit and exhibits evidence that the landlord made false claims in the petition.

    The tenant may also contest the allegations of the petition in a written answer, and proceed to a trial.

    In both instances the landlord must be able to overcome the proof offered by the tenant.

    But at the start of the issue you presented, what manner of holdover proceeding did the landlord bring based on a claim that the tenant did not pay rent? A landlord may maintain a holdover proceeding based on a claim of a lease default and termination of the tenancy, on a claim of lease expiration and holding over, on a claim of nuisance and objectionable conduct and on a claim of termination of tenancy. How did the landlord claim the reason for the holdover proceeding?

    The answer provided to you is in the nature of general information. The general proposition being that you should... more
  3. Brandy Ann Peeples


    Contributor Level 19


    Lawyer agrees

    Answered . The judge might find in your favor if you can prove that the landlord has provided false information. Now, I'm not a NY attorney but you're going to want to check your state's laws on tenant remedies regarding habitability concerns. Some states do not allow you just to withhold rent -- there are procedures you must follow to enforce habitability concerns. With that being said, landlords also cannot retaliate when being advised of habitability issues.

    DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided... more

Related Topics

Landlord-tenant law

Landlord-tenant law is governed mostly by state laws, and covers issues like security deposit limits and deadlines, evictions, and the right to withhold rent.

Renting property

Rentals are houses, apartments, or similar where the resident pays the building's owner for the right to live there, usually under the terms of a written lease.

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