Brooklyn, NY asked in Landlord - Tenant for New York

Q: If my rent was cashed month of lease termination June 10 2024 and rent accepted july 1 July 25 holdover is it dismis

Rent cashed by property management July 1

Saw my case 1st day July 25

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1 Lawyer Answer

A: If the landlord accepted a rent check after serving you a notice of termination, the case probably must be dismissed. However I cannot determine what is actually going on without reviewing the documents in your case. You also can be defeated through procedural defects in your motion to dismiss. Be warned that self-represented tenants almost never win in housing court, even when they have strong cases, because they are up against a landlord’s attorney who does this every day of their life and knows every strategy, loophole and legal device under the sun, while the lay person simply does not possess the knowledge and experience to mount an effective defense.

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