Summary
In New York State, if a 14-day eviction notice has an incorrect rent amount, it may be deemed invalid. Tenants can notify the landlord in writing about the error, prompting a corrected notice. Alternatively, tenants can use the incorrect amount as a defense in court, though the judge may allow the landlord to amend the notice during the hearing. Other defenses include improper service, habitability issues, and proof of payment. If the notice is corrected, the eviction process may restart.Full Conversation
What could the person who got the 14 day notice with the incorrect amount say?
In New York State, if you receive a *-day notice with an incorrect amount, you can inform the landlord in writing that the amount is incorrect, and the notice is therefore invalid. You may request that they issue a corrected notice with the accurate amount.
Would you like more detailed information on drafting such a response?
Why would I tell them landlord can’t I wait until I get to court and use it as a defense?
Waiting until court to use the incorrect amount as a defense can be risky. If you inform the landlord now, they may issue a corrected notice, which can prolong the eviction process. However, if you wait, the judge might still allow the landlord to correct the notice during the hearing.
Would you like more information on how to proceed if you decide to wait until court?
Yes
If you decide to wait until court to use the incorrect amount as a defense, here are a few points to consider:
- The judge may allow the landlord to correct the notice during the hearing.
- This could result in the case being adjourned, giving the landlord more time to rectify the issue.
- You should prepare evidence to show the amount was incorrect.
Would you like information on what kind of evidence you should bring to court?
What are defenses in nys against a 14 day notice for non payment of rent?
In New York State, defenses against a *-day notice for non-payment of rent include:
- Incorrect Amount: The notice contains an incorrect rent amount.
- Improper Service: The notice was not properly served according to legal procedures.
- Habitability Issues: The rental unit has serious maintenance issues affecting habitability.
- Payment Proof: You have proof of payment.
Would you like more detailed information on any of these defenses?
Okay so if incorrect amount is a defense then I would have to be served again so the process would start all over meaning that can be used as a defense
Yes, the incorrect amount can be a defense, and the landlord may need to serve a new *-day notice with the correct amount. This would restart the process.
Would you like more information on how to properly respond to the new notice in case it happens?
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