Posted by JJ on May 07, 2000 at 00:02:04:
In Reply to: 'stale' rent posted by Elle on May 06, 2000 at 17:17:50:
: I live in a SRO dwelling and pay rent by he week, no
: My landlord is suing me for non-payment.
: So far I received a demand to pay.
: I met with a pro se attorney at housing court and he
: suggested laches as a defense.
: Would like more detail about this defense. Is there a
: limit as to how far back a landlord can collect rent?
: My landlord is trying to collect rent from
: the beginnng of 1998 and just a few days ago made his
: first attempt to collect.
read about it in the Housing Court section: http://tenant.net/Court/Howcourt/contents.html
warning! my landlord did not sue until 10 months of non-payment ( in the ninthe month, he finally made a couple of repairs); then he got 4 months' worth of adjournments. the judge asked if I had all of the money, I did. he dismissed my 'stale rent' defense, lectured me for not paying some of it in the 10th month, gave me a 10% discount on the unpaid rent and 5 days to pay the rest. he also ordered them to make 9 more repairs in 14 days. they still have 3 to do. oh, yeah! there was no heat for 17 days in months 12 and 13...
BACK TO STALE RENT:
use it anyway: what it should do is this: if the judge declares everything older than 6 months as stale, then she will give your landlord a two-part judgment: one for the current rent which includes eviction if you don't pay it on time, and one for the stale rent which is for money only, if you don't pay on time, you can't be evicted. who knows, you might get a reasonable judge, not the skinny gray tenant-hating jerk.
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