Court Rent Demand Amendments

Summary

In New York State, landlords can request to amend rent demands in court to include additional months if proper notice is given. Tenants can challenge incorrect amounts in demand letters and request a proper 14-day notice. If a tenant pays owed rent in court, it may halt eviction, but landlords can still pursue other claims. Late fees are capped by law, and tenants cannot be evicted solely for them. A summons and complaint differ from a 14-day demand letter. Tenants can request court date postponements for valid reasons and appeal decisions with a stay of eviction. Appeals can consider disabilities and terminal illnesses, especially during a Code Blue.

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What if the tenant brings the money for Sept Oct and Nov and provides payment at the court the landlord can ask the court to amend it and require the tenant pay Dec and Jan too?
In New York State, if a tenant pays the rent for September, October, and November at the court, the landlord may request the judge to amend the petition to include the rent for December and January. However, the judge has discretion on whether to grant this request based on the specific circumstances.
Would you like more information on how to prepare for this situation in court?
No I would like to know the specific circumstances?
In New York State, the judge has discretion to allow amendments to the petition, but it often depends on specific circumstances such as:
- The timing of the payment for September, October, and November rent.
- Whether the landlord provided proper notice for December and January rent.
- The judge's assessment of fairness and procedural requirements.
Would you like more information on how to prepare for this scenario in court?
What if the landlord never send a demand letter for Dec and Jan
If the landlord never sent a demand letter for December and January, the judge may be less likely to allow an amendment to include those months. Proper notice is typically required to ensure fairness to the tenant.
Would you like information on how to present this argument in court?
So 14 day notice is required?
In New York State, a *-day notice is generally required for rent demands. This notice ensures the tenant is aware of the rent due and has time to address it before further legal action.
Would you like more information on the specific requirements for such a notice?
No so if they sent a demand for Sept Oct and Nov but the amounts is incorrect what happens then?
If the demand letter contains incorrect amounts for September, October, and November, the tenant can challenge the accuracy during the court hearing. The judge may require the landlord to correct the errors before proceeding. This could potentially delay the process or affect the outcome.
Would you like guidance on how to challenge the incorrect amounts in court?
Yes
To challenge the incorrect amounts in court, you can:
- Gather all proof of payments made for the months in question.
- Present any receipts, bank statements, or other documentation showing the correct amounts.
- Highlight the discrepancies in the demand letter during the hearing.
- Request the judge to consider these inaccuracies and require the landlord to correct the demand.
Would you like more details on how to present your evidence effectively?
How long do they have to correct it what happens when they go to correct it?
In New York State, if the demand letter contains incorrect amounts, the landlord typically has to correct the errors before the case can proceed. The judge may allow a short adjournment for the landlord to make corrections. This can delay the process and might affect the case's outcome.
Would you like more details on the possible adjournment process?
Yes
In New York State, if a landlord needs to correct errors in a demand letter, the judge may grant a short adjournment to allow time for corrections. This delay can impact the case timeline and potentially benefit the tenant in terms of preparation.
Would you like information on how to prepare for the adjournment process?
How long is the adjournment typically?
Adjournments in New York State court can vary, but they typically last from a few days to a few weeks. The exact duration depends on the judge's discretion and the specifics of the case.
Would you like more information on how to utilize this time for your preparation?
Shorts time? And longest time?
In New York State, adjournments can vary. Typically:
- Shortest time: A few days
- Longest time: Several weeks
Would you need more information on how to use this time effectively for your case preparation?
What’s a few days *?
In this context, "a few days" generally means around *-5 days.
Is there anything specific you are looking to prepare for during this adjournment period?
No but aren’t you by law required to get a proper 14 day notice with a full 14 days? So if the amount is incorrect can’t the tenant argue that and request a proper 14 days?
In New York State, a *-day notice is required for rent demands. If the amount in the notice is incorrect, the tenant can argue for a proper *-day notice to be issued. This could delay the process and provide additional time for the tenant.
Would you like more information on how to present this argument effectively in court?
But you said adjournment of *-5 days is that legally allowed? Wouldn’t they have to start the process all over again due to bad or incorrect service?
In New York State, a judge may grant a short adjournment to correct errors in a demand letter, but if the error is substantial, the tenant can argue for a proper *-day notice to be issued. This request could potentially require starting the process over.
Would you need guidance on how to make this argument effectively in court?
Let’s say it ask for rent for a month that the rent was already paid? Isn’t that a big issue?
If a demand letter includes rent for a month that has already been paid, it is indeed a significant issue. The tenant can challenge this in court by providing proof of payment. This could highlight the landlord's error and potentially delay or affect the case outcome.
Would you like guidance on how to present proof of payment in court?
Let’s say the landlord is trying to evict the tenant for utilities and the tenant has been paying the rent but the landlord has been applying the payment to utilities and told the tenant they’ll apply the money to whatever they want to apply it to would the tenant have a right to withhold the money until they’re in front of a judge and explain why? Or should they pay and explain to the judge that they paid the rent and it was applied to utilities?
In New York State, tenants cannot arbitrarily withhold rent but should document their payments and disputes. The tenant should:
- Continue paying rent but specify in writing that the payments are for rent, not utilities.
- Collect proof of all rent payments.
- Present this evidence to the judge, explaining the landlord's misallocation.
Would you like more details on how to document and present this in court?
Payments are made online no way to specify
If payments are made online, it's still important to document each payment as clearly as possible. Here are some steps you can take:
- Keep records of all online payment receipts.
- Communicate with the landlord via email to specify that payments are for rent, ensuring you have written evidence.
- Present these communications and receipts in court to clarify the misallocation.
Would you like more information on how to prepare these documents for court?
In nys a tenant can’t hold rent in bad faith in this case it’s not bad faith the tenant is holding it so the landlord can’t say oh this is for utilities you owe more money
In New York State, tenants must continue to pay rent but can document their disputes over how payments are applied. Here’s what you can do:
- Keep detailed records of all payments.
- Communicate in writing (e.g., email) specifying that payments are for rent.
- Present this evidence in court.
Would you like more information on how to present your case effectively in court?
You can bring the funds to court and pay at court in nys correct and that halts the eviction?
In New York State, a tenant can bring the owed rent to court and pay it there, which may halt the eviction process. However, the landlord can request the judge to consider any additional unpaid rent. The judge will have discretion based on the circumstances.
Would you like more details on how to prepare for this court appearance?
Based on what circumstances? If court is on January 15th and the tenants lease ends on February * and the tenant can request a 30 day stay would it make sense to take them to court?
It depends on the specific circumstances of the case. Here are some factors to consider:
- The tenant's history of payment and behavior.
- The likelihood of the tenant paying the owed rent during the court appearance.
- The judge's discretion and fairness in handling the case.
Would you like more information on how to present your case to the judge effectively?
What if the tenant pays all money owed?
If the tenant pays all the money owed by the court date, the eviction process may be halted. The judge will likely consider the payment as compliance with the rent demand, potentially dismissing the case. However, the landlord might still pursue other claims like late fees.
Would you like more information on how to handle the court process after the payment?
You can be evicted for late fees?
In New York State, tenants generally cannot be evicted solely for late fees. Evictions usually occur due to nonpayment of rent. However, if there are substantial late fees and they are included in the lease agreement, they might be addressed in court.
Would you like more information on how to handle late fees in court?
Yes
In New York State, here are some key points about handling late fees in court:
- Lease Agreement: Check if the lease explicitly states the late fees and their amounts.
- Documentation: Bring proof of rent payments and any communication regarding late fees.
- Negotiate: You can request the judge to waive or reduce unreasonable late fees.
Would you like more information on negotiating late fees in court?
By law nys has a cap on late fees
In New York State, late fees are capped by law. Here are some key points:
- Amount: Late fees cannot exceed $* or *% of the monthly rent, whichever is less.
- Disclosure: The lease must disclose this fee explicitly.
- Timing: Late fees can only be charged if the rent is more than five days late.
Would you like more information on how to present this in court?
Is a summons and complaint the same as a 14 day demand letter
No, a summons and complaint are not the same as a *-day demand letter.
- A *-day demand letter is a notice given to a tenant demanding unpaid rent within 14 days.
- A summons and complaint is a legal document initiating a court case, requiring the tenant to respond to the landlord's claims.
Would you like more information on how to respond to either of these documents?
How can someone request to postpone the court date 14 days
In New York State, to request a postponement of a court date (also known as an adjournment), you can:
- Contact the court clerk well in advance to request an adjournment.
- File a written request explaining the reason for postponement.
- Attend the scheduled court date and request the adjournment in person if needed.
Would you like more details on how to file a written request?
Why are reasons to postpone
Here are some common reasons to request a postponement of a court date in New York State:
- Need more time to gather evidence or documentation.
- Scheduling conflict, such as a medical appointment or prior commitment.
- Unavailability of a key witness.
- Need more time to secure legal representation.
Would you like more details on how to file a written request for postponement?
What is an appeal for reconsideration
An appeal for reconsideration is a request made to a court asking it to review and potentially change a previous decision. This can be based on new evidence or arguments that were not considered in the initial ruling.
Would you like information on how to file an appeal for reconsideration in New York State?
What’s the process like?
Here's a general overview of the process to file an appeal for reconsideration in New York State:
- Notice of Appeal: File a notice of appeal with the court that issued the original decision.
- Brief Preparation: Prepare a legal brief outlining the reasons for reconsideration, including any new evidence or legal arguments.
- Submit Documentation: Submit the appeal and all supporting documents to the appellate court.
- Oral Arguments: Attend a hearing if the court schedules one to present your arguments orally.
- Decision: Await the court's decision on the appeal.
Would you like more details on any specific part of this process?
How long is the wait for an appeal court date?
The wait for an appeal court date in New York State can vary, but it typically ranges from a few months to over a year, depending on the court's schedule and the complexity of the case.
Would you like information on how to track the status of your appeal?
For non payment cases?
In New York State, the timeline for an appeal in non-payment cases can vary. Here’s what to expect:
- Initial Filing: File a notice of appeal promptly after the judgment.
- Scheduling: It can take a few months to over a year for the appellate court to schedule a hearing.
- Factors: The complexity of the case and the court’s workload will affect the timeline.
Would you like more information on how to expedite the appeal process?
So while you’re waiting for an appeal they can’t evict you?
In New York State, if you file an appeal and obtain a "stay of eviction" from the court, the eviction process can be temporarily halted while the appeal is pending. You should request this stay when filing your appeal to prevent eviction during the waiting period.
Would you like more information on how to request a stay of eviction?
Yes
In New York State, to request a stay of eviction while your appeal is pending, you should:
- File a motion for a stay of eviction with the appellate court.
- Provide reasons why the stay should be granted, such as the likelihood of success on appeal.
- Submit any supporting documentation, like proof of payment or evidence of errors in the initial judgment.
Would you like more details on how to draft and submit this motion?
Yes
Case Rating: *
To draft and submit a motion for a stay of eviction in New York State:
- Draft the Motion:
- State the reasons for requesting the stay (e.g., likelihood of success on appeal, irreparable harm if evicted).
- Include a summary of the case and the appeal.
- Attach supporting documents (proof of payment, evidence of errors, etc.).
- File the Motion:
- Submit the motion to the appellate court.
- Serve a copy to the landlord or their attorney.
- Attend the Hearing:
- Be prepared to present your case if a hearing is scheduled.
Would you like a sample template for the motion?
What if someone appeals due to having a disability? And not understanding the process and needing time to get a lawyer to help explain everything? As well as having a terminal illness and NYS has issued a code blue
In New York State, the court can grant accommodations for individuals with disabilities, including more time to secure legal help, especially when a terminal illness and a Code Blue are involved. Here’s what you can do:
- Motion for Extension: File a motion requesting additional time, citing your disability and need for legal assistance.
- Medical Documentation: Provide evidence of your terminal illness.
- Code Blue: Highlight the Code Blue declaration as it may impact court proceedings.
Would you like information on how to draft this motion for extension?
I mean can you appeal with this information?
Yes, you can appeal with this information. When appealing, you should emphasize:
- Your disability and need for accommodation.
- The terminal illness and its impact on your ability to manage legal affairs.
- The Code Blue declaration and its relevance to your situation.
Would you like guidance on gathering and presenting this information effectively for your appeal?