Ask Me Help Desk - Wrongful eviction

Can I counter sue for harassment at an eviction trial in NY?

My landlord refuses to cash my checks since he wants me out of his rent stabilized building. I am the main name on the current lease and he refuse to admit I am a tenant even though he signed and approved the lease over a year ago. He already somehow got an eviction approved without me even getting a summons to go to court.

Thanks for any help

Quote:

Originally Posted by Mike703

Can I counter sue for harassment at an eviction trial in NY?

My landlord refuses to cash my checks since he wants me out of his rent stabilized building. I am the main name on the current lease and he refuse to admit I am a tenant even though he signed and approved the lease over a year ago. He already somehow got an eviction approved without me even getting a summons to goto court.

Thanks for any help

I don't see a countersuit here if the matter has already been heard and you've lost - that case is over.

I do see you going to the Clerk's Office, looking through the file, determining how it is alleged you were served, attempting to reopen the eviction on the grounds of bad service and THEN counterfiling - but depending on your area of NY two different Courts may be involved. Some eviction courts deal only with evictions, nothing else.

How have you been harmed financially? That is going to be your damage in this matter.

I'm a little confused that the landlord has a signed lease with you but claims you aren't a tenant. You DO say that you entered the lease over a year ago. Did it expire and was not renewed? He then very possibly didn't accept the rent because he is not going to offer you a new lease - for whatever reason - and wants you out.

Need more info such as the grounds for the eviction, why you went from lease to no lease, any other problems.

What is the harassment? If it's legal attempts to get you out, it's not harassment.

Well the damage is I'm going to lose money from not going to work and possibly hiring a lawyer. I just got the eviction an hour ago and since its 10pm here I have to wait till tomorrow to call one.

I became sole tenant of this apartment after my mother moved out. I have always lived here an no where else,except for four years while I was in the army. According to rent succession those four years don't count as a different address.
When I signed the lease a year ago both me and my mother were living here. She moved out two months later. He accepted rent checks from me until he found out my mom had moved out from the super. The current lease is a two year and does not expire until September. So how can he get the current one terminated just because he doesn't want my money.

Quote:

Originally Posted by Mike703

Well the damage is I'm going to lose money from not going to work and possibly hiring a lawyer. I just got the eviction an hour ago and since its 10pm here I have to wait till tomorow to call one.

I became sole tenant of this apartment after my mother moved out. I have always lived here an no where else,except for four years while I was in the army. According to rent succesion those four years dont count as a diffrent address.
When i signed the lease a year ago both me and my mother were living here. She moved out two months later. He accepted rent checks from me untill he found out my mom had moved out from the super. The current lease is a two year and does not expire untill September. So how can he get the current one terminated just because he doesn't want my money.

That doesn't rise to the level of damages - that's the cost of doing business (at least in NY).

If you have a written lease and are in compliance with the lease - and can prove you paid your rent in a timely fashion and he simply didn't cash the checks - you certainly have a defense to the eviction.