My landlord gave me 30 days notice can he still evict me 4 non payment even if he's been paid by then I'm n NY

Question

I was withholding rent because he failed to make necessary repairs. When he did make repairs, I gave him partial payment of back rent and told him that I would give him the rest next month when the rent is due. He give's me a 30 day notice. If he decides to take me to court and he's been accepting payments and I'm caught up on my rent, can he evict me under those grounds? And in this situation, what should I do?

Answer 1

This is NY if he gives a paper from the courts answer it in the courts even if you paid everything.

If you get a court certified eviction notice and do not answer it in person then he can evict you regardless of payments.

Answer 2

I'm not sure about New York law, but in California as long as you pay by the court date, you're in good shape. Of course part of that required payment could be fees penalties, court costs, other costs related to the eviction process, etc. So you may depending on the law, end up shelling out a lot more than just your monthly rent in order to stop the eviction process.

On the other hand, if you are withholding payment for repairs, especially ones that directly affect the habitability of the unit as you indicated, a court could be more sympathetic, though it sounds like your best bet is just to bring things current as you promised him as quickly as possible.

Answer 3

You cannot be evicted for non-payment of rent if your rent is paid in full by the court date. In the future if you are going to try withholding rent for repairs make sure you put it in writing and keep copies.

Answer 4

If you do not have a lease, then your landlord can give you a 30 day notice without reason even if you decide to pay for next months rent. You have to leave. If you do have a lease and the lease is not over, then he cannot give you a 30 day notice and you will not be evicted.

Answer 5

You'll have to consult an attorney in your state. If you did this in Ohio, then yes he has every right to evict you. You failed to pay rent on time, as specified in your lease, so he can evict based on that.

Before you bring your rent current, have something drawn up in writing stating that he will not evict you if you pay all past due rent and any late fees. Have a witness to him signing it.

FYI...Next time your landlord fails to make necessary repairs, check your local state laws regarding your possible recourses.

Answer 6

Go consult with your local Dept of Housing and Community Renewal office. Here's the link to their site:
http://www.dhcr.state.ny.us/index.htm
If you can, go in person and see a counselor.

You must find out if the eviction notice is valid.
You must pay your rent on time --consider using a money order and sending it certified mail to prove that you at least tried (in case the owner claims you didn't pay or pay in time)
You must find out your rights according to your specific circumstances (are you currently on a lease?)
If necessary, the DHCR will give you official compaint forms to file to start a document trail)
Good luck!

Answer 7

once an eviction notice is served you must be out not later than the date on the eviction notice!
You can still be evicted!
Start looking for a new apartment and you better do it soon you only have 30 day from the date on the eviction notice!

Answer 8

He has to take you to court to evict you. However, if he does, likely he will succeed unless your municipality specifically allows you to withhold rent for repairs (example: Chicago allows you to do this while most municipalities do not).

Answer 9

I'd see if you have a Legal Aid (non-profit) in your area and ask.

Answer 10

try small claims court. good luck