[gusby]

In October of this year I lost my income. Along with that, with the market crash I lost most of my savings. I discussed the issue with my landlord's rental agent asking for the for following:
I had been there 4 years, never had a problem. I asked for some time to come up with rent. I began selling items. I then was awarded a new job beginning Dec. I let them know that I could pay Oct rent (selling my items ) by early Nov. Then continue selling items so I could pay Nov rent early Dec. The Dec rent I would be able to pay first few weeks of Dec after starting my new job.

I paid my rent for Oct as agreed. When Dec came around I had Nov rent as promised. But I received a notice saying they would only accept this if I had both Nov Dec. I tried to figure out what went wrong with the oral agreement but the guy I usually talked to was out of town. The next thing I knew I was served papers. In the meantime I had the rent now for the two months (middle of Dec) I asked if I could pay and stop evict. I got no as the answer. Nobody wanted to hear about my oral contract. The management company refers all questions to the lawyer. The clerk said even if I pay and even if I move out they still are going through with evicition.

I just filed an answer to their complaint. Waiting on the next step. I never had a problem with them. What benefit can they possibly want (except I refuse to pay their lawyer bills... not that it come up) with them doing this. I will move, I pay, etc.

It looks like I will have to go to court but I feel like I am missing something. I feel I have a strong case. After all they accepted my rent one month late in Nov for Oct. They knew my income was selling items.. until I started new job... how reasonable is it that three weeks later I was expected twice the rent when I just did. I am grateful (or I guess I was) for the landlord's flexibility in the beginning but I kind of feel setup. Regardless, want to pay what is due, but boy is this starting to get to me. I read so much about people skipping out... that is the last thing I wanted to do.. >I am seeing a lawyer this week, but thought I would see what kind of thoughts I could get here. I don't think they are out to get me. I think the right hand doesn't know what the left is doing but I have tried to talk to all parties.. even wrote a personal appeal to the landlord (whom I never met) He never responded.

[JudyKayTee]

In October of this year I lost my income. Along with that, with the market crash I lost most of my savings. I discussed the issue with my landlord's rental agent asking for the for following:
I had been there 4 years, never had a problem. I asked for some time to come up with rent. I began selling items. I then was awarded a new job beginning Dec. I let them know that I could pay Oct rent (selling my items ) by early Nov. Then continue selling items so I could pay Nov rent early Dec. The Dec rent I would be able to pay first few weeks of Dec after starting my new job.

I paid my rent for Oct as agreed. When Dec came around I had Nov rent as promised. But I received a notice saying they would only accept this if I had both Nov Dec. I tried to figure out what went wrong with the oral agreement but the guy I usually talked to was out of town. The next thing I knew I was served papers. In the meantime I had the rent now for the two months (middle of Dec) I asked if I could pay and stop evict. I got no as the answer. Nobody wanted to hear about my oral contract. The management company refers all questions to the lawyer. The clerk said even if I pay and even if I move out they still are going through with evicition.

I just filed an answer to their complaint. Waiting on the next step. I never had a problem with them. What benefit can they possibly want (except I refuse to pay their lawyer bills...not that it come up) with them doing this. I will move, I pay, etc.

It looks like I will have to go to court but I feel like I am missing something. I feel I have a strong case. Afterall they accepted my rent one month late in Nov for Oct. They knew my income was selling items ..until I started new job...how reasonable is it that three weeks later I was expected twice the rent when I just did. I am grateful (or I guess I was) for the landlord's flexibility in the beginning but I kind of feel setup. Regardless, want to pay what is due, but boy is this starting to get to me. I read so much about people skipping out...that is the last thing I wanted to do..>I am seeing a lawyer this week, but thought I would see what kind of thoughts I could get here. I don't think they are out to get me. I think the right hand doesn't know what the left is doing but I have tried to talk to all parties..even wrote a personal appeal to the landlord (whom I never met) He never responded.

Unfortunately, inability to pay is not a legal defense to not paying rent. The fact that they cut you some slack and allowed you to pay rent does not put them in a legal position of being forced to accept late rent on other occasions. They simply did you a kindness.

I would say they want you out because they need/want/expect their rent on time and will rent to someone else who has the means to do so. The benefit to them is they begin to get their rent on time.

It's not the least bit unusual not to accept partial rent and the landlord has every right to evict you under the laws of NYS. I believe they will show a pattern of consistently late rent for a number of months and that is grounds for eviction.

As far as your oral agreement - if you win this round and they want you gone, they will simply evict you the next time your rent is late or for some other reason, made up or legitimate.

I don't know why you feel it was a set up.

If you are renting by means of a written document (usually a lease for a period of time) you can only amend the terms of that contract by executing another WRITTEN document. You cannot modify a lease by oral agreement.

[Fr_Chuck]

You need to call the person you talked to into court, and/or get a statement from him that he agreed to the verbal agreement with you.

Without that, it will only be your word against theirs. Also the judge can rule on only those things written out in the lease agreement, unless you get someone form their company to tell the court you had another agreement for payment