She claims for $4,224.90 but that's Not true it was $4, 000 I give her $1,300 , I only need to give her $2, 700i don't understand why she try to over charge me , I spoke to her about the back rent she told me if I give her $1300i don't have to go to court she going to make a arrangement with me every moth to give her a little more , but now she change her mind she give a eviction notice for 5 days
Dear Brooklyn Tenant:
A landlord may use the legal process of the New York City Housing Court when a tenant does not pay rent or owes rent after serving a rent demand.
Read more at: http://www.nycbar.org/pdf/report/tenantsguide.pdf
Of course, your use of the term " eviction notice" does not help this discussion. An "eviction notice" comes at the end of the legal process not at the beginning. An eviction notice in NYC is the final notice from a NYC City Marshal that an eviction is scheduled and that occurs only after the landlord succeeded in prosecuting the court case, the court entered a judgment in favor of the landlord and against the tenant, the tenant then did not pay the judgment amount, and the court clerk issued a warrant of eviction to the City Marshal hired by the landlord to conduct the eviction.
So are you looking at an "eviction notice" or are you looking a written demand to pay rent? Because if that paper is a rent demand you still have time to pay the landlord whatever amount the landlord claims you owe or to dispute the rent demand in a court proceeding.
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.
I agree with Mr. Smollens above, but want to provide further guidance. Read the notice you received carefully. If it states something along the lines that "you owe X dollars and you have five days to pay, or the landlord will commence eviction proceedings," then that is a rent demand. If you don't pay within the five days, the landlord has the right to commence legal proceedings seeking your eviction at which you will be entitled to raise any defenses that you may have.
However, if the notice states something along the lines of "please take notice that the Court has issued a warrant for your eviction. If you fail to vacate, you may be evicted on the sixth business day after the date of this notice" ... then this is an eviction notice and you need to go to court asap (before the sixth business day) to get the court to stop the eviction. If you did not have notice of the court proceeding pursuant to which this eviction notice would have been issued, that may be a good enough excuse for the court to stop the eviction.
Alexander M. Fear, Esq. 757 Third Ave., 20th Floor New York, New York 10017 212-376-6199 212-656-1269 (fax) [email protected] WWW.AlexanderFearLaw.com This e-mail may contain confidential or privileged information. If you are not the intended recipient, please notify the sender immediately by return e-mail and delete this e-mail and all copies and attachments. If you are not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited.
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