NYC Tenant Lawyer Blog

Appeal without Appealing

If you don’t win against the landlord at trial, you can appeal the judge’s decision. Appeals are generally a costly proposition. However, sometimes a judge refuses to sign or crosses language off a document that would put a hold on your eviction. In this instance, there is an option that offers benefits similar to an appeal, which your attorney may be able to handle for you more economically. Specifically, it is possible to take a copy of the disputed document to an Appellate Judge, and to ask for the lower court judge’s decision on your papers to be reversed or modified if there are reasons that clearly show it was made in error. The Appellate Judge may adjust all or part of the lower court’s decision, or may leave it intact. The advantage though is that you have avoided the expense of a full appeal. 

Please Note: Every McAdams Law Tenant Protection Tip and article is for informational purposes only and cannot substitute for legal advice. Before taking action, consult an experienced New York Landlord Tenant attorney about your situation. Beware that being a party in a lawsuit in New York City’s Housing Court can subject you to blacklisting. Please see more details here.

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McAdams Law
305 Broadway, Suite 610
New York, NY 10007
212-406-5145
Fax: (212) 619-0714

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Copyright 2011 McAdams Law

Get a Receipt

A significant number of tenants pay their rent with money orders or cash, as opposed to a personal check. If you do this, under New York State law you are legally entitled to a receipt from the landlord, and should ask for one whenever you make a payment in this manner.

In most disputes with landlords, you end up needing proof of having paid the rent. If you paid cash and don’t have a receipt, it’s your word against the landlord’s, and you’re essentially out of luck as far as legal evidence is concerned.

Financial institutions charge varying amounts to trace payment of money orders. They differ in how long the trace takes and whether you can do it online. It’s faster, easier and cheaper just to get receipts to prove your payments.

It’s probably easier to trace a canceled copy of a bank money order than one from the post office, but both of these options take time, so it’s wise to get a receipt anyway as validation of payment.

If there’s bad blood between you and the landlord, you may want to have a receipt already prepared when you go to make payment, and have the receptionist at the management office sign it. It’s still a valid receipt, and you can zip in and out. Just make sure the receipt indicates the period the payment covers, along with the date, amount, address and apartment number. 

Please Note: Every McAdams Law Tenant Protection Tip and article is for informational purposes only and cannot substitute for legal advice. Before taking action, consult an experienced New York Landlord Tenant attorney about your situation. Beware that being a party in a lawsuit in New York City’s Housing Court can subject you to blacklisting. Please see more details here.

Click here to see valuable Back Issues , conveniently organized by topic.

McAdams Law
305 Broadway, Suite 610
New York, NY 10007
212-406-5145
Fax: (212) 619-0714

Attorney Advertising

Copyright 2011 McAdams Law

If You Agree To Move, Negotiate For Time and Money

If it looks like you’re going to be evicted anyway, it may be a good idea to agree to move. If you do this you may avoid additional legal expenses and be able to negotiate for some advantages that make the whole process smoother and more convenient. It also might be possible to avoid blacklisting, which means you may save yourself the cost of a larger security deposit on your next rental, and avoid difficulty in finding another apartment. In attempting to reach a settlement with the landlord on terms, two variables to negotiate concessions on are time and money. You’ll want enough time to find a new place to live. You can also ask the landlord to reduce or waive claims for outstanding rent. Landlords sometimes forfeit rent because they’re happy to be rid of tenants they want to evict, without paying extra legal costs and risking further trouble. In addition, if your defenses are solid and the landlord thinks you’d be willing to move, you might even get moving costs.

Please Note: Every McAdams Law Tenant Protection Tip and article is for informational purposes only and cannot substitute for legal advice. Before taking action, consult an experienced New York Landlord Tenant attorney about your situation. Beware that being a party in a lawsuit in New York City’s Housing Court can subject you to blacklisting. Please see more details here.

Click here to see valuable Back Issues , conveniently organized by topic.

McAdams Law
305 Broadway, Suite 610
New York, NY 10007
212-406-5145
Fax: (212) 619-0714

Attorney Advertising

Copyright 2011 McAdams Law

Never Miss a Court Date

When you’re in litigation with a landlord, you must be prompt and precise in adhering to the schedule for all court dates. Be on time with deadlines for responding to papers and making payments. When a court date is assigned, you must be there to ask for an adjournment for a valid reason. If you’re late or don’t appear it’s far more likely you’ll be evicted, regardless of the merits of your case. In your absence, the landlord will ask the court for a final judgment. When no one answers for you, a warrant of eviction will usually go out authorizing the City Marshal to evict you. To avoid these calamities, you’ll have to provide an explanation for not appearing, and show that you have defenses against the landlord’s claims, to get a judge to give you another chance. Similarly, you must respond to any notices or documents you get from the Court, the marshal and the landlord’s lawyer in a timely manner. Generally, in New York City, every effort is made to assist litigants in moving through the court system. For example, if you have small children, Housing Court in your borough may offer free day care. Call your local court to inquire. Keep in mind there are legal complexities to deal with if you’re not on time, and you’d be wise to speak with a tenants’ lawyer if you’re tardy. See strategy # 3, # 8 and # 15 in How to Protect Yourself Against a Ruthless, Greedy Landlord for additional information.

Please Note: Every McAdams Law Tenant Protection Tip and article is for informational purposes only and cannot substitute for legal advice. Before taking action, consult an experienced New York Landlord Tenant attorney about your situation. Beware that being a party in a lawsuit in New York City’s Housing Court can subject you to blacklisting. Please see more details here.

Click here to see valuable Back Issues , conveniently organized by topic.

McAdams Law
305 Broadway, Suite 610
New York, NY 10007
212-406-5145
Fax: (212) 619-0714

Attorney Advertising

Copyright 2011 McAdams Law

Don't Agree to a Payment Plan You Can't Keep

If you owe back rent to the landlord and you’ve agreed to a payment schedule in court, not abiding by it can have serious legal implications. As a rule, Housing Court judges will not delay eviction unless there’s a good reason for it.

There’s no point in making an agreement you can’t keep. Tenants sometimes believe that doing so will buy time. Unfortunately, extra time may come at a high price – the end result might be that it’s harder to retain your tenancy, and you’ll probably have higher legal costs. Your eviction will also be more likely, at which point you might have to pay marshal’s fees, plus moving and storage expenses.

More complications arise if the court issues a judgment and warrant of eviction, which compound the damage from being blacklisted.

Settlement agreements are called stipulations. Landlord lawyers often add language to them that permits the issuance of a judgment and warrant of eviction. Avoid agreeing to this. The stipulation should require the landlord to notify you if you miss a deadline, and give you a chance to correct your failure to comply. Otherwise, if you cannot pay on time and get a marshal’s notice, your eviction can be almost immediate.

Having judgment or warrant of eviction language in a stipulation can be a point of negotiation, and at the very least you’ll want something valuable in return if you agree to it. Depending on the facts of your particular situation, there are a number of things you can ask for. Stand firm…don’t be so quick go along with what the landlord’s attorney requests. You may want to speak to a tenants’ lawyer about the best negotiating strategy, or retain counsel to bargain for you, which is a safer option.

The reality is that unforeseen events can occur and disrupt a payment timetable, even when you feel sure there won’t be a problem. For example, if you get rent assistance from a government agency, sometimes there are delays. Having language in your settlement agreement that gives you extra time helps guard against eviction due to circumstances over which you have no control.

By following these guidelines you’ll have greater protection of your rights. You don’t have to agree to a judgment or warrant without having a trial, during which you can explain your situation and raise defenses. However, if you run into an impassible roadblock with the landlord’s attorney over language, you may have to fight it out in court.

Please Note: Every McAdams Law Tenant Protection Tip and article is for informational purposes only and cannot substitute for legal advice. Before taking action, consult an experienced New York Landlord Tenant attorney about your situation. Beware that being a party in a lawsuit in New York City’s Housing Court can subject you to blacklisting. Please see more details here.

Click here to see valuable Back Issues , conveniently organized by topic.

McAdams Law
305 Broadway, Suite 610
New York, NY 10007
212-406-5145
Fax: (212) 619-0714

Attorney Advertising

Copyright 2011 McAdams Law

Absence of Documents or Witnesses Can Adjourn a Case

If you need extra time to collect critical documents or to arrange for certain witnesses to appear, the Court may give you an adjournment. Judges are more likely to adjourn the matter if you subpoenaed the documents and witnesses – you’ve shown you tried to collect your evidence, and the delay isn’t your fault. The necessary forms and instructions for subpoenas are available at the Clerk’s office at Housing Court. Taking these steps might even buy you time to get together rent money you may owe. However, if you are having witnesses summoned and going to trial, your case has now become a more complex affair, and it would be in your best interests to consider retaining a Tenants' lawyer to represent you. When you’re dealing with witnesses, too many things can go wrong that can sink your case. An attorney knows how to handle witnesses and use their testimony to your advantage.

Please Note: Every McAdams Law Tenant Protection Tip and article is for informational purposes only and cannot substitute for legal advice. Before taking action, consult an experienced New York Landlord Tenant attorney about your situation. Beware that being a party in a lawsuit in New York City’s Housing Court can subject you to blacklisting. Please see more details here.

Click here to see valuable Back Issues , conveniently organized by topic.

McAdams Law
305 Broadway, Suite 610
New York, NY 10007
212-406-5145
Fax: (212) 619-0714

Attorney Advertising

Copyright 2011 McAdams Law