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Posted by Sam on April 02, 1999 at 09:56:51:

In Reply to: Being sued posted by Beckie on March 31, 1999 at 15:27:03:

: Hi I had a meeting with a lawyer and was told to file a counterclaim of constructive eviction.
: She ssaid I need to have witnesses to my claim of noise but how can I go about finding them. The
: The people I can think of still live there and I know wouldn't own up to haing the parties.
: I found one person who went to the parties but he's worried about getting in trouble with the people
: who live there if they find out he said something. THis is on upstate NY.
: I've paid her 625.00 of the rent owed but have stippoed payment since she filed the
: papers against me. What can I do to prove my grounds for leaving?

File the counterclaim, add other counterclaims: see Housing Court section of Tenant.net.
What kind of court is the landlord suing you in? Proof is easier in Small Claims than in Housing/Civil Court; read about SC on Tenant.net.
Did you report the parties to the police? other authorities (school?)? Get a report.
Did you write letters to the landlord? Bring them to court.
You can also subpeona people and/or papers: read about that in the Lenaox Hill brochure on Tenant.net, under Organizing.

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Comments:
: : Hi I had a meeting with a lawyer and was told to file a counterclaim of constructive eviction.
: : She ssaid I need to have witnesses to my claim of noise but how can I go about finding them.  The
: : The people I can think of still live there and I know wouldn't own up to haing the parties.
: : I found one person who went to the parties but he's worried about getting in trouble with the people 
: : who live there if they find out he said something. THis is on upstate NY.
: : I've paid her 625.00 of the rent owed but have stippoed payment since she filed the 
: : papers against me.  What can I do to prove my grounds for leaving?

: File the counterclaim, add other counterclaims: see Housing Court section of Tenant.net.  
: What kind of court is the landlord suing you in? Proof is easier in Small Claims than in Housing/Civil Court; read about SC on Tenant.net.
: Did you report the parties to the police? other authorities (school?)? Get a report.
: Did you write letters to the landlord?  Bring them to court.
: You can also subpeona people and/or papers: read about that in the Lenaox Hill brochure on Tenant.net, under Organizing.



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