Legal Question in Landlord & Tenant Law in New York

I am in a bit of a confusing situation. I am living in a week to week rental apt without a lease, and have been here for three months. The first few weeks I lived here I paid through doing small odd jobs for my property manager or for her husbands hvac business. When the time came to make my first cash payment, there was some debate about how much I owed to be current as of that day (june 22nd). The amount agreed upon was $184, which I ppaid and received a reciept for. From there I paid normally. Last week my property manager stated I owed her for another week in june, since there were five fridays. The issue was that she had taken the liberty of claiming money from a check that had been sent to compensate me from a client of hers out of state. I was never informed she had even received MY money. I told her I thought it was nonsense to obscurely decide I owed money for a week previous to the 22nd when it was decided I was current, so this week I paid her my usual two week payment minus the 100 dollars she took the liberty of claiming, and told her I refused to pay any further. In my eyes I am caught up till this Friday. She is planning on serving me an eviction notice today. Should I continue giving her rent every Friday, or should I hold it in my bank account until after our day in court? I plan on leaving regardless, but am I making my situation worse if I don't pay, but hold the money with intent to pay following litigation?


Asked on 7/23/12, 6:26 am

1 Answer from Attorneys

Thomas Sirianni The Law Office of Thomas A. Sirianni

Thank you for submitting your question. In order to advise you regarding your issue, I will need more detailed information. Please feel free to give me a call anytime on my cell at 516-314-1343 so that we can discuss the particulars regarding your inquiry.

I look forward to hearing from you.

Tommy A. Sirianni, Esq.

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Answered on 7/31/12, 8:59 am


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