[sallyride81]

I moved into this apt sept 3rd and found out on sept 4th the oven did not work. Long story short I had to wait just 3 days shy of 2 months to get an oven. I got my oven on oct 27th. All the while the reality company was putzing me around oh its on back order oh the wrong part blah blah blah. Well I told them I was withholding rent because I needed to order out because of this I did not want to fry everything plus had to buy more groceries because I would buy things on them saying it would be fixed by a certain date and it wasn't. I signed a lease that they never gave me a copy.

On oct 27 I received a notice stating that we owed them oct rent plus a late fee this was dated 10/15.
Then on Nov 4th I received a notice basically saying that the LL is terminating my tenancy and I have to be out by nov 30 or they will start court proceedings that is dated 10/27

And today 11/12 I received a court date for 11/18! Now this is dated 11/2 and "received" by the court on 11/4. I was upset of course but I also told the lady who served me all these things that when she would give me the paper the date on the paper was a week before and I wanted her to put today's date on this court paper but she wouldn't.

My question is how long does the LL have to give you this court paper? And also in the paper it states that we are under a month to month rental which isn't true we signed a years lease.

I am agoraphobic and really am going to have a hard time in court I know it's a very small room. But don't they have to wait to serve me with a 30 notice first? Any help would be appreciated.

[ScottGem]

First question: Did you give the landlord formal, written notice that they had x number of days to install a new oven or you would start withholding rent? Did you put the withheld rent into an escrow account pending resolution?

If you didn't do both those things you are going to have a hard time of things.

As to the timing, a lot depends on the wording of the initial notice.Since you were behind in your rent the lanlord can give you a pay or quit notice. I believe in NY this is 3 days. Which jives with the timing. If the gave you a pay or quit, the first day they can apply for an eviction order is 11/2.

Why the landlord or process server waited until 11/12 to serve is another issue. You can ask the court for an extension because of the late service. But frankly its not going to matter.

If you didn't follow the rules about withholding rent then you messed up.

What you can do now is go into court prepared to pay all arrears and late fees. You then tell the judge that you are prepared to do so but you feel you should be compensated for the extra exoenses and inconvenience of going so long without an oven. Also mention that you did sign a lease, but the landlord has never given you a copy.

If you do so, there is a good chance the judge will order some compensation.

As for the agoraphobia, are you being treated for this? If so, have your doctor contact the judge and as that your illness be accounted for.