Landlord issues

B

Billsfan

Guest
Jurisdiction
New York
This might be lengthy.
I moved out of my apartment 4 months ago. I never renewed my lease and never really had a month to month lease either.
I have her a certified check for the last months rent and wrote on the memo line PAID IN FULL
Now in December she is taking me to small claims court for 5k to sue for severe damage and for rent due to vacancy.
She never mailed me a letter of itemized damages and I got the court notice 4 months later.
I don't know what to do.
Also. She upgraded the carpet to hardwood floors. And the hardwood floors in the bedrooms were replaced as well. They only needed a buffing and new coating on it a shame it wasn't done in at least 10 years.
The kitchen had 4 missing tiles, but that because they had the cheap peel and stick tiles and stuck them to particle board.
I don't know where to go with this.
Thank you for your help
 
You have no choice but to appear in court and defend yourself.
Contrary to popular urban legend, writing what you did on the memo line didn't absolve you of your legal obligation to pay what you owed.
The fact remains that the amount owed is under dispute.
As far as never receiving an itemization of what the LL alleges you owe is one pillar of your defense strategy.
Citing the relevant state law that applies, as regards damages, itemization, and notice is part of that strategy.
I can't instruct you via the Internet how you defend this lawsuit, except to say you must educate yourself, or hire a lawyer to assist you.
That presumes lawyers are allowed in NY state in these landlord-tenant disputes.

If you stayed in the unit beyond the regional move out date, you were there on a tenancy-at-will.
To claim you weren't is stupid, and further damages your legal position.
Again, I suggest you bone up on NY landlord-tenant law.

Good luck.
 
I didn't have a lease. It was month to month, and I paid the last month.
I just checked state law and she didn't send me an itemized list.
The only thing I got was a letter in the mail of her intent to sue me and she mailed it to the address that I rented from.
She stated in a message that I owed 650.
 
My next question is that I check out the itemized list route. It says she has to send it to me within 30-45 days.
She never did that and it's December now and I just got the letter.
 
Clear this up for me. There's a difference between a "letter" threatening a lawsuit and a summons/complaint from the court. Which did you get?

If you got a summons/complaint which court is it in? Small claims or regular civil? NYC or elsewhere in NYS? What date did you receive it? Does it require a written answer or just give you a date to appear in court? If the former, what is the deadline for you to answer? If the latter, when is the court date?
 
Billsfan said:
It's a letter from the court with a court date to appear in feb. it's NY state.
Click to expand...

You need to educate yourself about NY state tenant law, read this, then find more:
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Overview of Landlord-Tenant Laws in New York | Nolo.com
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http://www.ag.ny.gov/sites/default/files/pdfs/publications/Tenants_Rights.pdf
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You were living there as a month to month tenant, unless you originally had a written lease.
You can't possess an apartment legally without a written lease, OR under state law, as a month to month tenant.
Either way, contract law, and state law apply.
One or the other determine notice to vacate, too.
 

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