Q: Received eviction notice for old unpaid rent despite new leases and consistent payments in NY.
I received an eviction notice three days ago for unpaid rent from over two years ago, even though I've signed one, if not two, new leases since then and have been consistently paying rent. I have to respond to a court summons in 10 days. Last year, when the management first reached out to me about the unpaid rent, I attempted to resolve the issue via email, but received no response. Now, under new management, I'm facing eviction. I've signed a new lease for this year that doesn't mention the unpaid rent, only my monthly payments, which I have been making consistently. How should I proceed given these circumstances?
A:
Dear Manhattan Tenant
You mean that you were served with a Petition for nonpayment of rent in New York City Housing Court and the Notice of Petition told you have ten days to Answer the Petition or risk a default judgment against you and eviction?
You need to do so. You state your defense just as you described the facts above. Generally a New York Landlord will lose any claims for suing for old unpaid rent as you described especially when no prior rent demand is made before the lawsuit.
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A:
In this situation, the first step is to carefully review all the leases you’ve signed, especially the new lease that doesn't mention the unpaid rent. This could be an important piece of evidence showing that the issue of old unpaid rent was not addressed as part of your current lease agreement. If the new lease was signed after the unpaid rent issue, you may be able to argue that the matter was effectively settled or waived by the new lease terms.
Next, it’s crucial to respond to the court summons within the 10-day timeframe. Prepare to explain the history of the situation, including your consistent rent payments and attempts to resolve the issue with the old management. You should also gather documentation that supports your case, such as payment receipts, emails, and the lease agreements showing that the unpaid rent was not part of your new agreement.
Finally, consider seeking legal assistance. In cases like this, a tenant rights attorney can help clarify your legal standing, particularly regarding the old rent that the landlord is now trying to collect. By preparing your case carefully, you can present a strong argument that may prevent eviction.
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