Brooklyn, NY asked in Landlord - Tenant for New York

Q: if a judge sets a judgment of $195 after eviction for cleaning fees can the old landlord send adebt collecter after you?

for 3830 claiming i never paid rent when it was never stated in court regarding eviction.

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3 Lawyer Answers
Daniel Michael Luisi
Daniel Michael Luisi
Answered
  • BROOKLYN, NY
  • Licensed in New York

A: In general your liability depends on the wording of the judgment but yes, if there is an unsatisfied judgment against you, no matter how small, it can be sent for collections.

Steven Warren Smollens agrees with this answer

Steven Warren Smollens
Steven Warren Smollens
Answered
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: Dear Tenant:

The crucial fact in your statement is that there is a judgment (for money). That takes care of the underlying matter of whether the landlord ever had a right to make the claim for cleaning. A money judgment is subject to normal legal methods for enforcement and collection. If you disagree with the court and the judgment there is a right to appeal, but that right passes very quickly and if not pursued right away in most instances is gone after thirty days from notice of entry of the judgment.

Steven Warren Smollens
Steven Warren Smollens
Answered
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: Dear Brooklyn Tenant:

A landlord is not required to seek a monetary judgment for unpaid rent in a Holdover Proceeding (the $3830) when seeking possession, but it is absolutely impossible for a Housing Court Judge to render a judgment for money solely for the landlord's damages caused by not cleaning the apartment. Housing Court has jurisdiction over money claims that are RENT only.

See: https://www1.nyc.gov/assets/dca/downloads/pdf/consumers/Consumers-Debt-Collection-Guide-English.pdf

A debt collector must comply with NYC debt collection rules as well as Federal law. Please be on your guard you are not required to speak with the debt collector. The debt cannot be collected without a judgment. So you may be sued for the unpaid rent.

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