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Again nothing is dated "prior" the 14th of October (or whenever the OP's letter is dated" is when the LL printed/typed up the letter. If things came to filing court action for non-payment after service of a TDN housing court would require proof of service of same and when. That is where the sworn and notarized paperwork from whoever served the TDN comes in. https://www.nycourts.gov/courts/4jd/...nonpayment.pdf
The only time a printed date really matters is when notice of Petition or other court papers are served. Then there is a minimum and maximum range of dates as to what qualifies proper service.
What some of you are saying makes no sense. By your logic if a LL sent a written notice of demand dated today, 23 October the tenant would have to receive it almost at once for it to be valid which is not the case. The TDN clearly states tenant has three days *from date of service* not when the letter was dated IIRC.
They may be thinking it is the 72 hour Marshall's notice which is now actually a 6 day notice. That has to be served by regular mail, certified mail, and hand delivered. Hand delivered also means posted by taping on the door. But all three methods must be used.
This is only the precursor to the actual court documents. The LL must serve these documents before going to court to proceed with an eviction notice. He can just show copies that he served them, it is not required to be so exactly served as the Marshal's notice. With the Marshal's notice it has to be exact because you are going, unless you can go back to court and the judge gives you another court date.
If you are at the stage of the 1st 3 day notice, most of the time the LL's drop the case if most of the rent is paid.
They may be thinking it is the 72 hour Marshall's notice which is now actually a 6 day notice. That has to be served by regular mail, certified mail, and hand delivered. Hand delivered also means posted by taping on the door. But all three methods must be used.
This is only the precursor to the actual court documents. The LL must serve these documents before going to court to proceed with an eviction notice. He can just show copies that he served them, it is not required to be so exactly served as the Marshal's notice. With the Marshal's notice it has to be exact because you are going, unless you can go back to court and the judge gives you another court date.
If you are at the stage of the 1st 3 day notice, most of the time the LL's drop the case if most of the rent is paid.
Usually but it depends on the LL's situation and the tenant. If the former feels he can get more rent for the apartment and or the tenant has been a "problem" landlord may go to the mat as it were with a TDN.
Know persons who have been refused acceptance of partial rent payment and hauled down to housing court for being two months late (by date of court appearance three months). Some were able to get things worked out others ended up being evicted/left of their own accord.
If you are a RS tenant in a one bedroom apartment located anywhere in Manhattan below say 125th Street and paying below market rent then....
Usually but it depends on the LL's situation and the tenant. If the former feels he can get more rent for the apartment and or the tenant has been a "problem" landlord may go to the mat as it were with a TDN.
Know persons who have been refused acceptance of partial rent payment and hauled down to housing court for being two months late (by date of court appearance three months). Some were able to get things worked out others ended up being evicted/left of their own accord.
If you are a RS tenant in a one bedroom apartment located anywhere in Manhattan below say 125th Street and paying below market rent then....
This just isn't accurate. Did it ever happen ? Sure. Does it happen routinely ? No, on the contrary.
This just isn't accurate. Did it ever happen ? Sure. Does it happen routinely ? No, on the contrary.
Except that tenants do give up. They shouldn't.
Once a LL serves a TDN they don't have to accept squat besides amounts demanded. Will they? Again it depends upon several factors but the important thing to remember is what is based upon law. And that clearly states once a tenant is served with a demand notice they are required to pay the *FULL* amount owed or become subject to removal/end of tenancy.
Do some tenants especially those in RS or RC apartments run game? Of course, no one is saying they do not. Such tenants know full well and or seek advice from sources or persons like yourself that Housing Court will routinely force a LL to accept rent if paid in full at time of court appearance and or lean on the LL to "work things out" with a tenant.
OTOH it is equally true as you say tenants "give up".
How on earth can you say my post isn't "accurate"? All over much of NYC rents are rising and fewer and fewer areas are hard core unwanted that LLs cannot charge higher rents. Maybe years ago when a landlord couldn't get anyone better they were willing to work and keep an existing tenant, but now quite often things are very different.
Only a judge cant evict you. If you have your rent then that wont happen. Do not mail him money orders. Checks only. If he does not accept the rent then let him take you to court. The judge will side with you. Heres a trick landlords pull. On the morning of a court date the landlord will have someone contact you to say you dont have to go to court. Then then the lawyer or landlord will tell the judge you are a no-show. You can walk into housing court for advice. This is NYC. Housing laws protect tenants.
I would think making PARTIAL PAYMENT is a terrible way to handle the situation.
If you owe 3 months' rent and have a good RS deal, why open a can of worms by paying two.
Lord knows, it is rare that I will support a landlord, BUT even I recognize that he is NOT in the business of lending money to tenants, often interest free.
If you owe 3 months' rent and want the landlord off your back, just PAY the 3 months' rent.
Remember that frequent late payment of rent is another solid reason for eviction. Why give the landlord more ammunition to get rid of you?
Hmmm ... the OP's recent posts have been about vacation trips to Vegas and L.A. ... OP, is there where your rent money went?
Other posters, he totally ignored paying his SEPTEMBER rent until he got the 3-day notice on OCTOBER 22. If he could pay it on 10/22, he had the money earlier, he just didn't pay, then he skipped paying for OCTOBER too. I don't understand those of you who have sympathy for him.
Hmmm ... the OP's recent posts have been about vacation trips to Vegas and L.A. ... OP, is there where your rent money went?
Other posters, he totally ignored paying his SEPTEMBER rent until he got the 3-day notice on OCTOBER 22. If he could pay it on 10/22, he had the money earlier, he just didn't pay, then he skipped paying for OCTOBER too. I don't understand those of you who have sympathy for him.
Don't you live in New Hampshire ?
Which has virtually nil to do with anything at all happening in New York.
Which has virtually nil to do with anything at all happening in New York.
So? There are no rules about only posting in your own state's forum, as I'm sure you know. I am curious as to why you completely ignored what I actually wrote and instead focused on my state? Spending money to go on vacation while not paying your rent for almost 2 months (and then panicking or not understanding why your LL might have a problem with that) is not state-specific.
I read a lot of threads about renting and about evictions. Oftentimes I am very sympathetic to the person who is being evicted. But this time ... well, not so much.
So? There are no rules about only posting in your own state's forum, as I'm sure you know. I am curious as to why you completely ignored what I actually wrote and instead focused on my state? Spending money to go on vacation while not paying your rent for almost 2 months (and then panicking or not understanding why your LL might have a problem with that) is not state-specific.
I read a lot of threads about renting and about evictions. Oftentimes I am very sympathetic to the person who is being evicted. But this time ... well, not so much.
Because not living here means that you have no idea what you might be talking about.
Or even the basic terms of the debate.
Having spent a lot of time in New Hampshire, I can assure you that there is no common ground whatsoever. The confident stridency, for example ... quite common.
And time spent being said, I cannot imagine showing up on New Hampshire threads and asserting my two cents, even if the topic were to be something directly regarding the property we own.
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