Summary Proceedings after numerous dispossesses in a short period of time

[nychyna]

I've chronically paid my rent late for the past 3 years due to loss of job etc. I've had about 3 sep. cases where my LL brought me to court for non-payment. One case there was an actual eviction but I moved back in once I paid the bal. I owe 3 mos as of July; sent 1 mo. in; LL refused and snt back; wk later recvd a letter titled "Notice of Termination" which stated I am in breech due to "chronically paying rent on time and owing w/o any justification etc " Letter stated that on July 22nd, my lease will be terminated" and if I "fail to vacate on or before July 22nd LL shall commence SUMMARY PROCEEDINGS pursuant to statute to evict" What happens now? Will I get a letter in the mail regarding a court date? What will happen at the court date? Do I have ANY chance at all to stay if I come up with the$? Eventhough I owe the $ I dont want to pay if they're going to evict me anyway?

 

[Gail_in_Georgia]

If management proceeds with filing in court for an eviction, you will receive a notice (typically provided via "tack and mail" meaning you are mailed a copy and a notice is left on the rental door) regarding this filing. You are given a certain number of days to answer this.

If you do answer this within the time period required in the notice, a court hearing will be set up where you can explain why you should not evicted.

If you do not answer this within the time period, the landlord/management will automatically be granted their request to evict you. The case will then move on to the law enforcement agency responsible for overseeing the actual eviction.

Do you believe you can come up with all of the owed rent prior to July 22? If so, the landlord MAY agree to this or they may refuse it.

It would be useful to list what state this is taking place in. In my state (Georgia) a tenant can "escape" on actual eviction by showing up in court with all of the owed rent plus the court filing fees to provide to the landlord. However, this can only be done one time.

Please be aware that even if they do evict you, management can always turn around and file another lawsuit against you for past owed rent.

I hope this answers your questions.

Gail

 

[nychyna]

Gail,

Thanks for the speedy response. I am in Bronx, NY. If they bring a case against me later that's fine. But if they are going to evict me regardless I dont want to pay now. I'd rather use that to pay for where I'm moving to. With that being said, how should I go about seeing if I should offer to pay but also the fact of not paying if they'll evict? Thanks Gail a million!!!:angel

By the way, YES, I would be able to come up with the full amount due as of July!

 

[nychyna]

By the way gail, yes I would be able to come up with the current balance as of July.

 

[Gail_in_Georgia]

Then I would go through the process of the court hearing, bringing the rent money to the court and seeing if this will be accepted by the landlord/management at that time.

With a judge present, the landlord/management is more likely to "stick" with whatever they say they will do (i.e., accept your rent money and not evict you at that time).

http://articles.directorym.com/How_...s_Need_to_Know_Bronx_NY-r935157-Bronx_NY.html

Gail

 

[nychyna]

Thank you so much Gail! Be well.