Posted by Lilly on January 23, 2001 at 20:24:16:
In Reply to: landlord is a bully posted by sean on January 23, 2001 at 12:18:47:
One doesn't simply withold rent. One must read Tenant-net before doing anything!
LL must serve you with a demand for rent. If you don't pay LL can start eviction proceedings. Don't worry, it takes longer than 30 days to get a judge to sign off on that. But once you get that demand for rent, be prepared to duel it out in court. As for the city notices, sounds like the Dept of Environmental Protection(?) I would start with a list of the builgings' violations which you can get at HPD(Dept of Housing Preservation & Development) Don't have HPDs' address but it's in lower Manhattan. That list would greatly help your case. You must 1st put in writing to LL advising of conditions, then if no repairs are forthcoming. you can start an action in housing court or stop paying rent (as you have done) & wait until LL sues you then enter defense of warrenty of habitability for repairs as your defense. Be sure to request an inspection of the building from the judge. I believe the rent you paid which you think is for December and Jan is really applied for the back rent. When the LL starts a eviction/holdover proceedings against you you might have to pay the past rent into the court, but then you assert your counterclaims for the repairs that need to be done. Ask for a rent abatement. Also, LL does not have to offer a renewal lease when tenant is in default of the rent, but LL is in default of the warrenty of habitability! You must get the other tenants involved. And don't worry you cannot be evicted for that. This is going to take some work on your part but you'll keep your apartment.
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