Termination Notice/Eviction NYC

[nycboy31]

I live in NYC, and I just received from my landlord, a tenancy TERMINATION NOTICE (30 days notice) for the reason of chronic late payment, (8 demands) it mentions that the chronic/late payment is not curable, and a notice to cure is not required by the courts in this type of case. Also that by April 4th, i require to quit,vacate and surrender possession of the premises. "Any response to this notice should be directed to the landlord's attorney at xxx-xxx-xxxx"

I understand most of this, but my question is: Can I stop this if I pay the amount owed before April 4th? or do I have to move out either way? For what I have read the only one who can dictate formal eviction is the judge who would send a marshall, will that happen by April 4th if I am still here even if I have already payed?

[sandyclaus]

Originally Posted by nycboy31 I live in NYC, and I just received from my landlord, a tenancy TERMINATION NOTICE (30 days notice) for the reason of chronic late payment, (8 demands) it mentions that the chronic/late payment is not curable, and a notice to cure is not required by the courts in this type of case. Also that by April 4th, i require to quit,vacate and surrender possession of the premises. "Any response to this notice should be directed to the landlord's attorney at xxx-xxx-xxxx" I understand most of this, but my question is: Can I stop this if I pay the amount owed before April 4th? or do I have to move out either way? For what I have read the only one who can dictate formal eviction is the judge who would send a marshall, will that happen by April 4th if I am still here even if I have already payed?

The LL could have either given you a Pay or Quit Notice, or a Termination Notice. They chose the Termination Notice, which means they probably aren't going to accept any payments to allow you to remain in possession - especially because of the reason you are being told to leave (chronic late payments usually don't get better).

That being said, only a court can order you to leave the premises. If you do not comply with the notice you've been given, after April 4th, the LLs next step is to take you to Housing Court and seek a court order against you. That could take another several weeks. However, if you wait for the eviction order through the court, then that eviction will remain on your record as a judgment for the unpaid rent balance, and that will show up on your credit report and rental history for future LLs to see.

[nycboy31]

Thanks for your response, however I forgot to mention, that I have partial rental assistance due to disability because of chronic disease, my health sometimes is ok, and sometimes not so, and during the past 7 years or so, I'd feel sick and/or fatigued for weeks, also diagnosed with chronic depression, and under different medications, etc. However after years of treatments and medications, health is improving, and I should be able to pay on time from now on. In fact i have the total amount owed with me now and ready to be sent. Can i use this in my defense? ej. my lawyer bringing a letter from my doctor, medical history, etc? An written agreement? etc They mention on the notice that I have been late with no justification, but I just never felt the need to mention this because i thought i could handle it, until now that I was surprised by this. I also -mistakenly- thought that, as long as I kept making payments and they accepted them, it would be ok.

Here are the cold hard facts (sorry). Your disability does not matter. Your health issues do not matter. You owe rent, and you've been chronically late.

If you have the total amount of rent plus late fees, you *might* get a second chance with the LL, but maybe not because of your history of receiving 8 demands for rent. I don't know. Personally, it looks bad for ya.

A letter from your lawyer and from your doctor is meaningless. Your medical history is meaningless.

Landlording is a business. You pay rent, you get to stay. You break the contract and/or you don't pay rent, you have consequences. The LL is not running a charity as the LL has bills to pay on time too. Excuses are meaningless. Would the grocery store *give* you groceries because you have problems and don't have any money to pay for your food? Nope. After 8 demands for rent, you'd know after demand 2 or 3 that you couldn't handle it the way you'd been doing.

[nycboy31]

Thanks... yes I totally understand and agree that this is not charity and my problems are mine and not the landlord's, but what I need to know is that if he would give me a chance once he has my check in his hands, and i make an agreement of paying on time from now on. Nobody would dare to move in into this apartment the next day anyway, not even the next month or much longer, because it is kinda worn out, kitchen cabinets and bathroom are horrible, etc and it would need a complete remodeling like they did with the other apartments in the building when he (LL) bought it 5 or 6 years ago. Also i want to think he would like to avoid all the process of eviction and it would be much easier to just take my check. Perhaps I should call their lawyer and ask him? or just quietly send them the money and wait? My point in all this is that I don't want to sit here and feel comfortable because of the fact that i payed him, and then finding out at the very last minute that he will evict me anyway, when I could use this precious time to find something else asap.

[Lexus]

In this you can discuss the matter with the LL that you are ready to pay the back rent before April 4th. If the LL accepts your suggestion you can file for lifting the eviction order which is not yet ordered.

[sandyclaus]

Originally Posted by nycboy31 Thanks... yes I totally understand and agree that this is not charity and my problems are mine and not the landlord's, but what I need to know is that if he would give me a chance once he has my check in his hands, and i make an agreement of paying on time from now on. Nobody would dare to move in into this apartment the next day anyway, not even the next month or much longer, because it is kinda worn out, kitchen cabinets and bathroom are horrible, etc and it would need a complete remodeling like they did with the other apartments in the building when he (LL) bought it 5 or 6 years ago. Also i want to think he would like to avoid all the process of eviction and it would be much easier to just take my check. Perhaps I should call their lawyer and ask him? or just quietly send them the money and wait? My point in all this is that I don't want to sit here and feel comfortable because of the fact that i payed him, and then finding out at the very last minute that he will evict me anyway, when I could use this precious time to find something else asap.

You've had regularly late rent payments. That's a problem for just about any LL.

Some LLs are willing to work with you, some are not. When the problems exist for an extended period of time, most LLs would rather get rid of the problem tenant and bring in a new tenant that can pay the rent on time. It sounds like this is where you are. And since the LL has gone as far as giving you the 30 day notice to terminate, it's HIGHLY UNLIKELY they will consider accepting your rent now - especially when the odds are exceptionally good that you will just be in the very same situation again next month, and the next month, and so on.

I think it's time you got the message that your LL is trying to send you. It's time to move out and move on, and find another place to live.

Originally Posted by nycboy31 Thanks... yes I totally understand and agree that this is not charity and my problems are mine and not the landlord's, but what I need to know is that if he would give me a chance once he has my check in his hands, and i make an agreement of paying on time from now on. Nobody would dare to move in into this apartment the next day anyway, not even the next month or much longer, because it is kinda worn out, kitchen cabinets and bathroom are horrible, etc and it would need a complete remodeling like they did with the other apartments in the building when he (LL) bought it 5 or 6 years ago. Also i want to think he would like to avoid all the process of eviction and it would be much easier to just take my check. Perhaps I should call their lawyer and ask him? or just quietly send them the money and wait? My point in all this is that I don't want to sit here and feel comfortable because of the fact that i payed him, and then finding out at the very last minute that he will evict me anyway, when I could use this precious time to find something else asap.

If the apartment is so bad, why do have such a strong desire to stay?

You don't seem to understand. The notice you received is not a quit or pay notice. The landlord has ample reason to out and out evict. The time for negotiating payment has passed. The notice you received is an eviction notice. You cannot pay money at this point.

You cannot "sent the money and sit quietly and wait", not will you have to "find out at the last minute he will evict" you. He's made it patently clear he is evicting you.

It's not your concern how easy or difficult it is for the landlord to evict you. Financially speaking, it's in the landlord's best interest to evict you. 8 late payments is more than unacceptable. You've given ample evidence it's a habit to pay your rent late or not at all.

Calling his attorney will do you no good. You must accept this eviction and move out by the date given or face physical removal by a sheriff.

[Reggie]

Dear Person,

There are two types of eviction: Nonpayment cases and Holdover cases.

Nonpayment cases are brought by the landlord to collect unpaid rent. Holdover cases are brought to evict a tenant for reasons other then simple nonpayment of rent.

A termination letter is not an eviction notice. Before you can be sued,the landlord or someone working for the landlord must demand the rent.

The demand for rent notice put you on notice that the landlord will be taking you to court to evict you for nonpayment (or other reasons), If you do not resolve the issue.

If you do not pay the rent in full, the landlord can file a nonpayment petition against you in Housing Court. The petition and notice of petition must be served on you.

[nycboy31]

Oh thanks for your help, and thats what I thought, because the termination paper mentions that if I don't vacate by April 4th the landlord will start the proceedings to recover his possession, and it does not mention the word eviction anywhere, so I wanted to know if I can stop this by paying the full amount (which I just did btw) So i guess a judge cant order eviction if I don't owe LL any money right? But can u please explain me why does it say chronic late/non payment is not curable and a notice to cure is not required, etc? that is the part that still worries me. Thank you.