Q: New York State. Living in apartment after14 day notice. Petition hearing next week. Will partial pay cancel process?
New York State. Upstate. Ulster county. Living in apartment after14 day notice. Petition hearing next week. Main question is, Will partial pay cancel the eviction process? For example, if I owe 7k right now and pay 1k before court, will they have to start over? Hearing is also 3 days before the end of my lease. Will I be evicted or maybe the attorneys can allow me to renew my lease and start over. And divide what I currently owe into 12 months of a new lease. Giving me time leverage to pay off my debt while still living here. Do they usually let people work out deals like this? Or will I for sure get evicted if I can’t pay what i owe all at once in a short period of time
A:
Dear Ulster County Tenant
Partial payment even in NYC Housing Court ahead of the first Court day does not annul the landlord nonprofit proceeding so it's not likely that will happen in your Court.
Landlord and Tenant practices vary widely across the State even within the same county so it is a good idea to reach out directly to a local lawyer.
The controlling statute does allow the tenant to pay all the rent owed ahead of the court day and that will end the landlord's efforts to evict.
Most courts want to assist in preventing eviction if the tenant is able to pay. If you and your landlord come up with an agreement to pay rent and catch up with the owed money the judge is likely to approve.
New York tenancies no longer end with the running out of the lease. The landlord must provide a written notification that the lease will not be renewed if this is the landlord's intent. Otherwise the tenancy continues month to month with the same rent. Of course the landlord is free to offer a new lease and so not have both a month to month tenancy and several thousand dollars of back rent owed, but no one could force the landlord to do so. If you just move out you risk the possibility of the judge awarding the landlord a money judgment for the owed amount.
If you are thinking of trying to make a deal hire an attorney.
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