BK and eviction.....

[Jake47]

Hi I`m new to this site and thought I would try it to see if I can get some help. I live in New York city and last year I lost my job and as a result fell behind in EVERYTHING you can imagine, and tried to claim bankruptcy last month but the lawyer wanted $1000 and I couldn`t afford it.

Now to make matters worse yesterday I got a petition of non-payment on my apartment door. I was 5 months behind in rent and gave my LL $2000 and told him I got a new job 3 weeks ago but he went ahead and is bringing me to court anyway.

Now the ridiculous part: He claims in this petition I owe him $6500 bucks! He didn`t even subtract the $2000 I gave him, plus he added late fees and this huge lawyer fee.

My records show I owe the guy $3500. I went down to court today to answer and made a claim of rent overcharge, I paid partial rent, and a claim that in the 15 years I`ve lived here he has never paid interest on my rent security nor ever fixed anything, plus the guy harrasses the hell out of me all the time leaving nasty notes and wating for me in the hallway when I get home and cleaning out my wallet.

They then gave me a court date for Sept 2nd which freaked me out being it is so close because I don`t know if I can pay the entire amount I owe if I lose.

Has anyone ever gone through this before? My apt is rent stabilized and I`ve been living here 16 years. I tried to get a legal aid lawyer but they are so inundated with clients it was impossible.

What are my chances if I rep myself? Is it possible to postpone until I get the money? Thanks!

[tobee43]

i HATE these people!! if you rep yourself...more than likely the judge will have your LL work with you.

they are NO longer throwing people out that quickly. i'm certain, if you go to court and tell the judge you will do the best you can and make payments you have a good chance to fight your LL. i would also fight the excess fees...

good luck to you!

[Jake47]

Whew thanks a lot for replying. You made my day! It`s been hell, seriously. I live with my GF who is also unemployed due to this wonderful economy and we are freaking out like you can`t believe because if we get evicted we are basically homeless. My brother lives with 5 other people and he has absolutely no room, my parents are deceased, no real relatives to borrow money from, and JUST when I get a job and things are looking up my LL goes ahead and does this!

My only real worry though is the judge will be a mean SOB and demand I pay all this rent and late charges and lawyers fees and give me a week to do so or I`m out. How likely is that? I only ask because I was traffic court last week and got a judge just like that, illegal turn and he did not want to hear anthing, only that I pay.

This is driving me crazy because I just started my job and already I`ve had to take off 2 days for this BS.

[tobee43]

jake...traffic court is a bit different that throwing people out in the streets...there is a process...and let's look at the very worse scenario here?

the LL most likely knows you can just stop paying rent....sure he'll sue you eventually, and get what?? your furniture..

i know it's difficult and so hard to deal with, but put it perspective.... judge...i promise i will keep my arrears payment up as best i can. you should be fine.

jake...even an atty cannot assure you what the outcome in a court situation will be. but, i think you will be fine.

[drowning123]

Yea, Jake. At least you're showing some effort by paying $2,000 to the landlord. That should be a plus for you with the judge. It's not like you're trying to ditch your responsibilities. I think you should be fine. Good luck!

[tobee43]

drowning your in ny...right??? i know when i was in nj it's really hard to get someone out of a place...

but now even more so because of the homeless situation.

[Jake47]

Alright thanks alot. Yes I heard stories like that too where it takes a while, it ain`t easing my nerves though ha ha. Poverty really sucks don`t it?

[drowning123]

Yea, I'm in NY. I know of a case where the landlord had the utilities turned off and the tenants took her to court and the judge ordered her to turn them back on. They probably lived in her house for 2 years rent-free. No kidding.

[tobee43]

oh yes, i absolutely believe you. and this poor guy is trying to pay!!!! really you can't get blood out of stone...oh..excuse me! the banks and LL figured out a way to do it i guess!! LOL!!

[ccsjoe]

Yea, I'm in NY. I know of a case where the landlord had the utilities turned off and the tenants took her to court and the judge ordered her to turn them back on. They probably lived in her house for 2 years rent-free. No kidding.

The landlord you are referring to committed something called constructive eviction or self-eviction. This is illegal, there is no tolerance in the courts at any level for this type of self-help action, hence why the tenants got a reprieve.

[drowning123]

The landlord you are referring to committed something called constructive eviction or self-eviction. This is illegal, there is no tolerance in the courts at any level for this type of self-help action, hence why the tenants got a reprieve.

I figured as much, especially in a state where heat is needed around the clock during the winter months.

[Bell30656]

Keep in mind that the landlord did work you. Five months behind and you still had a place to sleep at night. The landlord has a job to do. Regardless of whose math you use you are still thousands of dollars in arrears on the rent. Unless you are under bankruptcy protection, I think you will be looking for a place to sleep.

Living in a rent stabilized apartment is a very valuable thing. I believe that I'd make every effort to work things out with this landlord prior to the court date. Sell whatever you have to sell to be current. The best defense to an eviction proceeding is a rent receipt.

One thing in your favor is that you have been there sixteen years. But keep in mind that the owner of your building wants dollars not excuses. You can have every good intention in the world but it won't help that landlord pay his employees, the mortgage, taxes or upkeep.

[Jake47]

Re: Bell30656 - I`m ging to offer that I can pay him everything I owe him in a month, but that`s if he doesn`t add on all this nonsense like late fees and lawyer fees. If he doesn`t I actually can pay him in 4 weeks. Why would he choose eviction over that?

[empowered]

The Nolo article that I cited in the following thread yesterday talks some about how filing bankruptcy can affect tenancy or the possibility of eviction.

http://www.bkforum.com/showthread.php?t=61336

Different outcomes are outlined depending on whether the tenant files for bankruptcy before or after the landlord wins repossession of the property.

It's a starting place. Also, if you believe you can pull it off and your situation merits Chapter 7 (usually a simpler case where you lack assets, fall under the median income for your state and are a single filer, for starters), lots of people on this forum seem to manage that themselves. Additionally, your district may allow for an emergency filing of an initially limited number of the forms that would finally be called for. And if you're close enough to the poverty line, you can sometimes file a form to apply for waiver of the filing fee. If you're not, you can file a form to allow installments to be paid over a period of something like 90 days. But you have to be able to do the filing yourself and that takes some time and trouble. If you don't understand everything and make a mistake or miss deadlines, you can also royally mess yourself up.

Anyway, some things to look at....

[empowered]

Jake47, since you're unable to get hold of a renters' resource organization, you should also search the Web to see if you can find information on how to legally cure a delinquency in rent. It may be that the guy wants you to move and does not want to give you time to remedy the situation for that reason. If it's rent controlled, maybe he can raise the rent if you leave.

Find out whether you can legally be evicted if you pay up or remedy whatever other reason he cites for an eviction attempt. You should also find out what legal grounds are for eviction.

Don't just leave because he threatens eviction.