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Ok. Still here, new question, new wrinkle: She won't accept a check from me anymore, nor a money order. Wants cash only. If she decides to evict me, I have no proof that I paid her, she has no proof I did not. Who would win, in court? Every one else pays in cash, she doesn't see any reason why I can't too. Thing is, no one has rental receipts (she won't provide them).
We had two visits from the town, the 2nd. one with about 9 Suffolk County police, the town people taking pictures. I think the only thing they might have missed was the attic.
The town people were ok. The SCPD were aspwholes.
Quote:
Originally Posted by Smash255
Tell her plain and simple no receipt no cash. Take one of those tape recorders and tape the conversation, so you have proof if she says no to the receipt.
Co-Sign! Bushdog, you seem like a decent person, but you need to start letting your inner a-hole come out. Personally if I were you, I would've stopped paying her and told her to kick rocks. I don't know how it is in LI, but in Queens, even if you stopped paying rent on a room, the LL can't just throw your things outside or lock you out, that's illegal and you could call the police and have them give her a summons, only the court marshall can serve a tenant with an eviction, but all in all there's no excuse why you stayed in that mess for 8 years!
@ I love li but: It's two years, not one month. Thanks, though. She won't sign a rent reciept. She won't buy them either. That's why I started paying her by check. I have 8 years of checks - cancelled checks, at my bank.
@ Elke... Yes, it is a sherriff.
@ Mayor of nyc & everyone else:
Ok, I've got 3 days to come up with $3500. If I don't pay it, what time frame am I looking at for eviction? 3 days? 1 month? What? What is a summary proceeding? Does that speed things up?
@ I love li but: It's two years, not one month. Thanks, though. She won't sign a rent reciept. She won't buy them either. That's why I started paying her by check. I have 8 years of checks - cancelled checks, at my bank.
@ Elke... Yes, it is a sherriff.
@ Mayor of nyc & everyone else:
Ok, I've got 3 days to come up with $3500. If I don't pay it, what time frame am I looking at for eviction? 3 days? 1 month? What? What is a summary proceeding? Does that speed things up?
So she is trying to sue you for 2 years of unpaid rent?
Do you have cancelled checks for at least some of that time? If not, can you bring a former or current tenant to court who is willing to confirm your story to the judge that the landlady refuses to give receipts for cash rent payments?
When it comes to "the eviction," the case first has to go to court.
Then if the judge sides with the landlady, s/he will order you to pay and give you a deadline of when to pay it by.
If you don't pay by the deadline, then your landlord cannot simply throw you out, but she must pay the Sheriff to start eviction proceedings.
Once the Sheriff gets there, they will put a 72 hour (or similar timetrame) notice to leave on your door.
If you don't leave within that timeframe, the Sheriff must come back once again and then they can remove your belongings and put them to the curb.
I'm trying! She has depleted my savings so badly that I'm now living paycheck to paycheck! Oh, and I just got a notice that I owe her $3500 between 01/08 and 02/10 - from her lawyer, Judith N. Berger who's with ''The Coalition Of Landlords, Homeowners & Merchants, Inc.'' out of Babylon,NY. I have 3 days to come up with the $ or " the landlord will commence summary proceedings under that statute to recover the possession thereof."
Wouldn't a lawyer send this out certified mail, to be sure the party recieved it? It's dated the 24th. Of Febuary, I didn't get it till today. So, how long do I have? Now I'm totally confused. I think I need a lawyer, or at least public assistance.
As for your questions:
1. There is not even a court date yet. Once the 3 days are up, your landlady's lawyer is threatening to get a court date. It is a formality by which the landlord must abide in order to get a court date ... meaning the landlord needs to show the court that s/he tried to solve the problem on their own before bringing it to court by demanding payment or demanding the tenant leave.
2. As for sending it certified mail, actually it should have been served on you personally by a disinterested party like a process server. How does this "attorney" expect to show a judge a notarized Affidavit of Service by the person who served the papers? Doesn't sound like too swift of an attorney. If you want to play with them and possibly make them have to do it over again or at least damage their credibility to the Court, just go to court once you finally get a court date and tell the judge you did not receive a 3 day notice. Then the jerk lawyer can explain that. What these people (landlady, attorney) are counting on is that you do not know your rights or anything about legal procedure so they can do things the cheapest laziest easiest slackest way.
3. As for the term Summary Proceedings, it is nothing special. Easiest way to explain it is that it is commonly used in non-payment of rent cases because there are less "parts" to the proceedings, such as they generally don't conduct discovery, etc. No big deal; just a common term.
NOTE: Definitely go to court when you are notified (even if not served by a process server) because then only her side of the story will be told and the judge will just sign the Warrant for Nonpayment to have you kicked out.
This landlord maynot be playing with the full deck. The first thing a judge will ask for is the lease. That should be provided. Then a money trail ; receipts of rent or cancelled checks. The judge will ask why isnt the rent being paid or why is this person being evicted? you will plead your case.
The papers should have been served by someone who is partial to the hearings. You should have been served in person.
If the judge sides with her, he will give you a date to be out by. If you are not out by that date, the landlord needs to file another set of papers to say you are not out. Then the landlord needs to go to the sherrif dept in Yaphank and apply for an eviction. This I am hearing now costs about $1500 ; used to be about $400. Then it is in the hands of the sherriff and their schedule.
You should have plenty of notice. But once the 72 hour notice goes up on the door, you need to be out. If the landlord accepts one dime from you, she needs to start the whole process again. I would pay by check only from here on.
Good luck ; it may take months. The sherriff is not moving too quick these days. They cannot guarantee a date by which they will put up the door notice.
This landlord maynot be playing with the full deck. The first thing a judge will ask for is the lease. That should be provided. Then a money trail ; receipts of rent or cancelled checks. The judge will ask why isnt the rent being paid or why is this person being evicted? you will plead your case.
The papers should have been served by someone who is partial to the hearings. You should have been served in person.
If the judge sides with her, he will give you a date to be out by. If you are not out by that date, the landlord needs to file another set of papers to say you are not out. Then the landlord needs to go to the sherrif dept in Yaphank and apply for an eviction. This I am hearing now costs about $1500 ; used to be about $400. Then it is in the hands of the sherriff and their schedule.
You should have plenty of notice. But once the 72 hour notice goes up on the door, you need to be out. If the landlord accepts one dime from you, she needs to start the whole process again. I would pay by check only from here on.
Good luck ; it may take months. The sherriff is not moving too quick these days. They cannot guarantee a date by which they will put up the door notice.
Or buy money orders and use them. Or would she figure out a way not to accept money orders? Your landlady sounds like a big dirtbag.
@ I<3LI_but: (I shortened your name, sorry. I'm on a phone, and anything that saves me keystrokes, I'm for!)
She won't go for that. I tried. She wants no paper trail.
When I first moved in, I paid her in cash. The 2nd or 3rd month money started being short out of the envelope I'd leave for her on the 'fridge. $20, $30- an extra $70 - $100 a month came in handy, I bet! That's when I started paying her in a check. I told her neither one of us have a choice - I'm not going to be woken up from my "nap" between jobs, and I don't want to short her money, either. I think she was kind of miffed, but couldn't argue with the logic.
As for playing with a full deck, well, one of my other roomies had a short in the wiring in an outlet in his room. He moved out because she wouldn't have it fixed, (the c.b. stayed tripped for two months). She said,"No wonder there's a short circuit! Look at all the wires in your room!" I've got 2 alarm clocks, 2 box fans, my cd player, 2 phones, 2 lamps. I asked her,"Do you see the light on in my room"?
"Yes."
"Then even you can see that the 'short' isn't in my room, right"?
*dead silence*
Me: ''I thought so."
*LL walks off in huff* :lol:
I can find humor in any situation, so if you giggle while you're reading some of this, good. Just remember it's not so amusing from where I'm sitting. I'll be back!
Last edited by Bushhog; 03-03-2010 at 06:08 AM..
Reason: Spelling
One more question, if I may: the paper I got from the court says $5300 is due June 1,2010 or the eviction will be carried out. "No further notice is neccessary." Does this mean that the Sheriff will be at the house June first?
I found a very nice place, I just want to cause this woman the maximum amount of grief I can.
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She won't sign a rent reciept. She won't buy them either. That's why I started paying her by check. I have 8 years of checks - cancelled checks, at my bank. 
