Do I need a landlord tenant attorney?

Real Estate 2 views 3 answers
Hello, We moved out of our rented apartment end of Dec 2012. We just found out 3 years later that the landlord had filed a petition in landlord-tenant court for non payment. They claim we did not pay Nov and Dec 2012 rent and had served us with a rent demand by both registered mail and in person delivery. However, the landlord did not take any further action because they received the rent money in Jan 2013. The question is what should we do? Should we file for a discontinuance with prejudice? Is there anyway to make the petition in court go away? What action can we take to clear our name? We have always paid our rent on time and actually own two apartments now (this petition never showed up in any of those background checks). Please help!

Attorney Answers

3
Jack Mevorach ·
Retain counsel to communicate with landlord and/or landlord's attorney
0 upvotes
Jeffrey Gold ·
You should retain counsel to have the petitions dismissed unless you have the time to try it yourself, but you may end up waking up an otherwise closed action.
0 upvotes
Steven Smollens ·
Dear New York tenant: I am just "guessing" you found out about the long ago abandoned lawsuit when you were looking for another apartment and your names popped up on the so-called Tenant Blacklist. Even a discontinued with prejudice does not remove your case information from the data base sold by the Housing Court years ago. You need to open the old case, gain a judgment of dismissal and also a court order to expunge your records from all the tenant reporting companies in the entire USA. Each company will require a separate contact and demand to delete your names from their records and that is not easy to do. See: http://cwtfhc.org/tenant-blacklists-credit-reports-and-debt-collection/
0 upvotes

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