What to do if served with 3-day notice?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if served with 3-day notice?

My landlord had me served with a 3-day notice but on the paper it says I owe $1822.40. However, I know that for this and last month DSS paid for both months. Can they still go through with the eviction?

Asked on February 24, 2012 under Real Estate Law, New York

Answers:

S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A 3 Day Notice has to be served before the landlord can start eviction proceedings. During that time you can pay the amount owed and the landlord will have no basis to evict. If you have proof that the rent was paid, bring it to the landlord prior to court and they may realize they made a mistake. If not, you will have to bring your proof to court and the Judge will throw it out. The burden of proof with rent is on the tenant, so you must have your necessary proof when the case goes to court.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption