Brooklyn, NY asked in Landlord - Tenant for New York

Q: What do we do if we paid the rent owed but still got a court summons?

Hey! So we recently got a summons for court despite paying our owed rent within the five days’ notice they gave. It was initially issued for the end of May, but did not get to us on time so they adjusted the date, as you can see in the photo, with white-out. However, it is my understanding that withfive days’ notice, if it falls under the new month that month’s rent is included in the amount you owe, is that correct? If so, it’s also not included on the amount they say we owe on the petition, which is basically saying we didn’t pay any of the owed rent when we have records of it being paid in May. How can I proceed? We just paid this month’s rent in full so we have no outstanding debt with the landlord anymore.

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

A: Regardless of whether you have fully paid your rent, it would be risky to ignore a nonpayment petition. The safer course of action is to attend the court proceeding and bring your proof of payments to establish to the Court that the rent has in fact been paid.

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