What to do if I received a notice of petition regarding an eviction but I have paid my rent in full?

UPDATED: Dec 3, 2011

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What to do if I received a notice of petition regarding an eviction but I have paid my rent in full?

On the 9th of last month I was giving a 5 day notice to pay rent. I paid all rent owed and they received and accepted it on the 15th. The landlord’s office called me and told me they received the check and that everything is fine. Now, on the 2nd of this month, I received a Notice of Petition dated on the 17th of last month stating that I still owe the amount I paid and that I have to go to court and probably face eviction. I have proof that the check was cleared on the 15th and also I have this current month’s rent statement that the landlord send me saying I owe nothing but what is due. Now what?

Asked on December 3, 2011 under Real Estate Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you were served personally with a petition concerning an eviction (unlawful detainer action), I would consult with a landlord tenant attorney about the situation since you paid the money owed and the landlord had assured you that everything was fine.

You will need to answer the petition or be subject to a default. One of your best defenses is that you paid what was owed and the landlord assured you that all was fine. In the interim, I would contact the landlord personally to see why you were served with this eviction proceeding.

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