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Old 03-28-2012, 06:10 PM
 
29 posts, read 51,036 times
Reputation: 11
Default Just got eviction notice from city court but I pay my rent!

Okay, a little background:

I've always paid my rent on time (moved to NYC in August). In February, I sent my rent check in from my office. I put the check in the mail slot on our floor, but evidently it never made it to the landlord, because I got a 30 day letter around the first of March...somewhere in there.

I called the landlord, shocked, wondering why I would be getting a notice, as I had paid. They said they hadn't received anything. Sure enough, I check my bank account and February's rent check was never cashed. Sh*t happens, I tell them...no big deal. By that time, I had actually already mailed in March's rent, plus February, and a $50 late fee. I wanted to act in good faith, so to speak, even though I didn't think I should have to pay a late fee.

Regardless, about a week later they finally deposited my check for both months and the late fee. So I waited another day or so and called their legal department to verify my account was in good standing and to ensure they wouldn't do anything to my credit. She told me everything was fine and we were square.

Fast forward a few weeks later (today) and I come home to find a notice of eviction from the Civil Court of the City of New York, telling me that papers have been sent to me and filed in court. I guess the paper sent to me was the 30 day notice (which would seem null since the rent was paid, but I digress).

Anyway, now I have to take off from work, go downtown, and defend myself from this eviction. I feel like this is borderline harassment. I acted in good faith, sending in the full amount they requested without ever getting an explanation. Upon explanation, I explained, they conceded that it was no big deal as long as they got my check. After they got the check I called and verified my account was in good standing. Everything was settled.

But now I'm pretty freakin' stressed out about this thing. Thinking pessimistically, I envision the worst case scenario: i get evicted, my tenant history/credit report is trashed, lose a sizable security deposit, and am unable to rent a decent apartment going forward due to trashed credit.

A couple of other considerations to consider in regards to a potential harassment claim:

1) When i called them about the 30 day notice, I informed them that the kitchen sink needed repairs. They said they would call me back the next day. They did. I told them what days I would be home that week, including all day on Friday. They said they'd have someone over by then. I have yet to get those repairs. Which is ironic, considering I offered to perform the repairs myself if they would supply the parts. They said, "That's what we're here for. Don't worry about that."

2) Last week, my girlfriend and I were woken up around 6am by a terrible smell. It smelled like someone was burning plastic in our living room. We were quite alarmed. I checked all over the apartment for any signs of fire, but found nothing. I called the super around 7am, finally, and left him a message about the situation. He called back quickly and told me not to worry about it - no big deal, it was probably someone's fireplace in the building across from us. "Do not call the fire department." Well, we didn't feel comfortable with that. Neither of us was going to leave our apartment for the next 10-12 hours knowing that something was wrong. We called 911, explained the situation, and asked if they could send a "non-emergency" crew to ensure there wasn't anything wrong. She said they can't do that - what I described IS an emergency and that the firemen were on their way. When they got there, the super came up behind them. I could hear him coming, "I told him not to call you. Nothing's wrong. Everything's fine." Then when they go to the apartment he continued, "I told you not to call. It's just something with the radiator, blah, blah." Since that time he's gone out of his way to avoid me and/or gives me the stink-eye every time I see him.

Sorry that this has rambled on for so long. I'm just very concerned...hopeful that someone here might be able to calm me down/offer some advice.

Thanks for any help!
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Old 03-28-2012, 07:50 PM
 
6,855 posts, read 11,262,424 times
Reputation: 3942
Are you paying market rent?

They could be trying to get you out if you are paying a below-market rent stabilized rent. This ploy of saying they did not receive rent, even when rent was sent, is a tactic slumlords use when they want to unlawfully evict.

NY Attorney General Says Better Treatment for Tenants - Lawyers.com
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Old 03-28-2012, 08:34 PM
 
29 posts, read 51,036 times
Reputation: 11
Yeah, if anything I'm probably overpaying a little bit. It's a $2750/mo 1 bedroom around Madison Sq Park/Flatiron. I really don't think they'd try to get rid of me for that reason...
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Old 03-28-2012, 08:58 PM
 
95 posts, read 117,459 times
Reputation: 86
Just go to court and get it cleared, the court marshal placed the eviction notice on your door and may have also sent it via certified mail USPS. On the court date they will check your current rent balance and clear the eviction notice.

I was served once due to the same reason, they didn't receive my rent money order for two months. Truly hated paying via money order/check since I pay everything else online.
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Old 03-29-2012, 06:41 AM
 
29 posts, read 51,036 times
Reputation: 11
Thanks for the response, unfortunately named kind soul.

I put a call into their office...hoping they'll call me back within the hour. If not, I think i'm going to go down to court with a copy of the check images since I moved in and my lease. Thinking about filing a counterclaim for harassment.
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Old 03-29-2012, 12:20 PM
 
Location: Long Island, NY
6,087 posts, read 3,838,585 times
Reputation: 5635
Quote:
Originally Posted by UncleOce View Post
Okay, a little background:

I've always paid my rent on time (moved to NYC in August). In February, I sent my rent check in from my office. I put the check in the mail slot on our floor, but evidently it never made it to the landlord, because I got a 30 day letter around the first of March...somewhere in there.

I called the landlord, shocked, wondering why I would be getting a notice, as I had paid. They said they hadn't received anything. Sure enough, I check my bank account and February's rent check was never cashed. Sh*t happens, I tell them...no big deal. By that time, I had actually already mailed in March's rent, plus February, and a $50 late fee. I wanted to act in good faith, so to speak, even though I didn't think I should have to pay a late fee.

Regardless, about a week later they finally deposited my check for both months and the late fee. So I waited another day or so and called their legal department to verify my account was in good standing and to ensure they wouldn't do anything to my credit. She told me everything was fine and we were square.

Fast forward a few weeks later (today) and I come home to find a notice of eviction from the Civil Court of the City of New York, telling me that papers have been sent to me and filed in court. I guess the paper sent to me was the 30 day notice (which would seem null since the rent was paid, but I digress).

Anyway, now I have to take off from work, go downtown, and defend myself from this eviction. I feel like this is borderline harassment. I acted in good faith, sending in the full amount they requested without ever getting an explanation. Upon explanation, I explained, they conceded that it was no big deal as long as they got my check. After they got the check I called and verified my account was in good standing. Everything was settled.

But now I'm pretty freakin' stressed out about this thing. Thinking pessimistically, I envision the worst case scenario: i get evicted, my tenant history/credit report is trashed, lose a sizable security deposit, and am unable to rent a decent apartment going forward due to trashed credit.

A couple of other considerations to consider in regards to a potential harassment claim:

1) When i called them about the 30 day notice, I informed them that the kitchen sink needed repairs. They said they would call me back the next day. They did. I told them what days I would be home that week, including all day on Friday. They said they'd have someone over by then. I have yet to get those repairs. Which is ironic, considering I offered to perform the repairs myself if they would supply the parts. They said, "That's what we're here for. Don't worry about that."

2) Last week, my girlfriend and I were woken up around 6am by a terrible smell. It smelled like someone was burning plastic in our living room. We were quite alarmed. I checked all over the apartment for any signs of fire, but found nothing. I called the super around 7am, finally, and left him a message about the situation. He called back quickly and told me not to worry about it - no big deal, it was probably someone's fireplace in the building across from us. "Do not call the fire department." Well, we didn't feel comfortable with that. Neither of us was going to leave our apartment for the next 10-12 hours knowing that something was wrong. We called 911, explained the situation, and asked if they could send a "non-emergency" crew to ensure there wasn't anything wrong. She said they can't do that - what I described IS an emergency and that the firemen were on their way. When they got there, the super came up behind them. I could hear him coming, "I told him not to call you. Nothing's wrong. Everything's fine." Then when they go to the apartment he continued, "I told you not to call. It's just something with the radiator, blah, blah." Since that time he's gone out of his way to avoid me and/or gives me the stink-eye every time I see him.

Sorry that this has rambled on for so long. I'm just very concerned...hopeful that someone here might be able to calm me down/offer some advice.

Thanks for any help!
Regarding the bolded: Did you contact the mail department in your office? If they lost your mail, they need to know. Moral of the story: don't place rent check in office mail

So basically if your check gets lost unbeknownst to you, they just send an eviction notice without reaching out to you to notify you that they haven't received the check? One strike and you're out?
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Old 03-29-2012, 02:57 PM
 
29 posts, read 51,036 times
Reputation: 11
Quote:
Originally Posted by bellakin123 View Post
Regarding the bolded: Did you contact the mail department in your office? If they lost your mail, they need to know. Moral of the story: don't place rent check in office mail

So basically if your check gets lost unbeknownst to you, they just send an eviction notice without reaching out to you to notify you that they haven't received the check? One strike and you're out?
I'm just not going to mail from that slot again. It's just as easy to put it in the mailbox in the lobby, which I know gets collected. But definitely not mailing anything important from my floor again!

Your second point was the same I made back at the end of February. When I called them to ask why I got a 30 day eviction notice, they said they never got my check. "Okay, why didn't you call me after 5, 10, 15 days and let me know?"

"That's not our job. You should keep better track of your finances and realize when a check isn't cashed. We only have a handful of employees and 5,000 tenants!"

I don't log into my online banking that much...pretty much never. I probably should, I just have other things on my mind. Anyway, that's irrelevant in my mind. But I digress. Needless to say, I'll be living elsewhere in about 4 months.
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Old 03-29-2012, 02:59 PM
 
29 posts, read 51,036 times
Reputation: 11
Oh, and a quick update. Talked to my landlords and they assured me that everything is fine. They said once the 30 day letter gets sent it takes up to 6 weeks for it to leave the court/marshall's system.

We'll see.
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Old 03-29-2012, 09:34 PM
 
242 posts, read 560,562 times
Reputation: 140
I would get that in writing from them if I were you. They don't sound too organized themselves.
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