received Notice of Petition on Feb 21 for March 8 court date. Tenant guide on District Court website states no more than 12 days before said court date, no less than 5 days.
Not sure if I am supposed to count weekend days or just Mon - Fri
In case it matters, apartment is illegal. I have copy of the housing inspectors report. not a basement, ground level. rented through a realtor who advertised as "mother / daughter" apartment.
The weekends are included when computing the time period. The strength of a defense based on an illegal apartment depends on they type of proceeding commenced against you and whether or not the premises falls within the legal definition of a multiple dwelling.
The legal information provided is not intended to create an attorney-client relationship between you and attorney Abruzzese. Such legal information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon such legal information. You understand that your questions and my answers are not confidential and are not subject to attorney-client privilege.
Dear Bellmore Tenant:
The landlord may file a false proof of service to present "evidence" the petition was served within the legal window period. I suggest you travel to the court house and check the court file for the return of the original notice of petition and affidavit of service. If the affidavit of service states service occurred on February 21, then that day was beyond the 12 day maximum for proper service. The case should count as a nullity rather than a properly calendared holdover proceeding. Calendared cases, even those that are dismissed remain in the data base of lawsuits purchased by the companies that compile the lists of sued tenants for the tenant screening companies and do result in a record on the Tenant Blacklist. If this is your concern, when you make your motion to dismiss you may consider making a further request for relief and that is for the court to order the record of the case expunged from the data base so that this lawsuit has no record of existing.
I have forty years experience in the specialty of Housing Law and Tenant's Rights advocacy. The answer I provided to you does not create an attorney and client relation. You are free to check my office contact information at my AVVO profile. The answer offered is in the nature of general information, and should not be considered as tailored legal advice. I offer answers as a service to the community with my firm belief that you should try gain a good outcome for your legal issue and to avoid a bad outcome if you can.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline