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Landlord Tenant Problems New York

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  • Landlord Tenant Problems New York

    I received a "Consumer Credit Transaction" filed in a NY county Supreme Court and delivered by a sherriff's officer. I had broken a lease in NY and now live in Wisconsin. I had tried to make arrangement for payment but to no avail. They have now hired an attorney and the amount they're saying that I owe is wrong.

    From what I'm understanding from my research, carpet replacement is done on a depreciated basis. The carpet was a few years old but they're charging me for a new carpet. Their calculations are also incorrect. They're showing 5 months of rent but it's calculated as six months and this is the calculations they based the amount that I owe when it was filed with the court. I also have suspicions that the apartment was rented during the same period they are trying to charge me for.

    I am thinking about writing a letter basically saying that I'm not contesting that I owe money but just the amount and agree that if they sign a written statement affirming that the apartment they are trying to charge me for was not rented nor was there any contractors staying in that apartment during the same period that they are charging me for then I will agree to pay the charges for those months, however, I will not pay the late charges because I did make an effort to resolve this. I'm also requesting that they send me copies of the receipts for the new carpet and for the replaced carpet and if they do not have the receipt then a signed affirmation of when the carpet was layed down in the apartment and price of the carpet. I will then agree to pay the amount after the depreciation is factored in. I will additionally be sending in an inital good faith payment in the amount of $200.00 and agree to pay on the first of each month and give them my authorization that if at anytime I am more than 30 days late with a payment that I will not contest the legality of the monies due and they can garnish my wages. This letter will be sent directly to their attorney, which is what is directed to do in the "Consumer Credit Transaction" that I received.

    Any thoughts on this letter? Is this a good idea or not so much? I've also heard that I should try to just get a "Motion of Dismissal" since I live in Wisconsin now. Is this something that I should consider? I do want to make it right though but at the same time, I don't want to be bullied into owing more than I actually do.
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