Schenectady, NY asked in Landlord - Tenant for New York

Q: Is it illegal to evict tenant just because they refuse to communicate. Rent is up-to-date and no other issues

I believe my landlord is illegally evicting me. reason 1.. We were up-to-date on rent, we were behind but paid the balance. Landlord claims we still owe a significant amount, we have all rent receipts (money order receipts) to prove nothing is owed. This has happened a few years ago, and I was behind only 1 month,$800 once again had receipts to prove this. claimed i owed alot more $3000. They started eviction, went to court, judge said if we can work together so i wouldn't be evicted. So I was pushed to go to the dept of social service. Landlords received the $3000. I am required to pay back $2000. They tried it again this year, but I refused to speak with them, rent was paid up, a little behind but paid balance with income tax return. They were calling my phone and leaving voicemails stating that i need to bring all receipts over so they can figure out their book. I have done that in the past and even though I have all receipts, they still said I owed back rent. so I refuse to talk.

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1 Lawyer Answer
Elaine Shay
PREMIUM
Elaine Shay
Answered
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: If your rent is fully paid, you would have a defense to a nonpayment proceeding. However, unless you reside in a rent-regulated apartment or have the protection of a current lease, the landlord does not need cause to terminate your tenancy and commence a holdover proceeding to evict you.

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