I was recently served with court/eviction papers from the landlord of my trailer park. I have been in this park for seven years and never missed payment. I had my son in January by way of an emergency C section thus forcing me to miss 4 additional weeks of work totaling 8 weeks in all. I am still waiting for disabilitly to come thru from my maternity leave. I explained this to my landlord and she had actually suggested when I recieved a full paycheck to make a payment and we would sit down to come up with a plan to pay the past due monthly in small increments. I had gone to the managers office 3 times during open hours and no one was there to make the plans with. I had spoke with her briefly outside of my house and gave her the rent for the month of May but our conversation ended abruptly as I couldnt stay outside to talk with my 3 month old in the house. She had told me I had to pay more than $20.00 extra a month which I understood and planned on; however at that point in time I had only paid the rent for the up comimg month because we hed yet to make the payment plan. I still have all intentions on paying the past due if not in full at least a good majority of it by the time our court date comes around. I am going to wait until we are in front of the judge to make the payment and I want to know if they will give me any time at all to gather any money I may not have to give that, day and if I do get it paid will/can they still evict me? I have never been in this situation and Im scared to lose the very roof over my sons head. Any advice would be greatly appreciated. Thank you
Dear Can they evict me if I make payment on the day of court?
Perhaps I might help.
You should seek legal assistance to protect your ability to keep your home.
You may look for an attorney to represent you and deal with the complexity of a landlord and tenant proceeding at:
The Village of Ballston Spa runs a website on the court procedure that you will need to understand to be able to defend your right to live in your home.
Please go to:
You did not state that you have a date to appear in court.
Read about how to handle a non payment proceeding in court outside New York City:
The notice of petition should let you know the day you must appear in court as well as inform you of the consequence in appearance, or a default in coming to court on the court date. The notice of petition should also inform you of your right to provide an answer and a defense to the landlord's petition.
Real Property Actions and Proceedings Law section 731. COMMENCEMENT; NOTICE OF PETITION.
1. The special proceeding prescribed by this article shall be
commenced by petition and a notice of petition. A notice of
petition may be issued only by an attorney, judge or the
clerk of the court; it may not be issued by a party
prosecuting the proceeding in person.
2. Except as provided in section 732, relating to a proceeding
for non-payment of rent, the notice of petition shall
specify the time and place of the hearing on the petition
and state that if respondent shall fail at such time to
interpose and establish any defense that he may have, he may
be precluded from asserting such defense or the claim on
which it is based in any other proceeding or action.
You may make a full payment of the rent due and court costs to the Clerk of the Court as allowed in New York Real Property Actions and Proceedings Law section 751:
Sec. 751. STAY UPON PAYING RENT OR GIVING UNDERTAKING;
DISCRETIONARY STAY OUTSIDE CITY OF NEW YORK.
The respondent may, at any time before a warrant is issued, stay
the issuing thereof and also stay an execution to collect the
costs, as follows:
1. Where the lessee or tenant holds over after a default in the
payment of rent, or of taxes or assessments, he may effect a
stay by depositing the amount of the rent due or of such
taxes or assessments, and interest and penalty, if any
thereon due, and the costs of the special proceeding, with
the clerk of the court, or where the office of clerk is not
provided for, with the court, who shall thereupon, upon
demand, pay the amount deposited to the petitioner or his
duly authorized agent; or by delivering to the court or
clerk his undertaking to the petitioner in such sum as the
court approves to the effect that he will pay the rent, or
such taxes or assessments, and interest and penalty and
costs within ten days, at the expiration of which time a
warrant may issue, unless he produces to the court
satisfactory evidence of the payment.
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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