Posted by Israel on February 17, 1999 at 11:12:01:
In Reply to: Re: Constructive eviction: ALL TENANTS TAKE NOTICE !! posted by John E. Marre on February 17, 1999 at 00:27:43:
Most people don't know they could do an HP Action against the landlord. An HP Action is when YOU take the landlord to court for repairs and hazard conditions. Most people withhold rent and start an HP Action, that's up to you... As long as you include the apartment and the building areas.
You can claim only your apartment, but it leaves room for the landlord to claim no access. Include everything: Mailbox, hazards in hallways, stairway, entrance, lights/lighting, heat/hot water? Be creative. If you plan to have inspections of the building you live in, have them inspect it all. Only a Judge can order the correction of conditions to your building.
Have a new lease when you do this.
: Kudos to Michael Giblin! A worthy battle cry it it. Here's another along the same line: 3 court dates and two stips later, I get partial repairs, am told that I'm responsible for such things as paints, floor covering, furniture protection.
: On the first stip I was given an abatement. The landlord sent "someone" to begin the repairs one day and that was the end of that. Repairs incomplete.
: When the second court date came up, the ll's atty showed with a stack of papers which, in effect said that I defaulted and the ll prayed for final judgement (the old boot out the door routine).
: Well, the second stip gave an additional 10 days to complete the repairs. Same thing happened... someone shows, a little spackle and gone again.
: The third court date is coming up.
: Yes, I'm getting pretty fed up. But I'm paying a 4-digit rent for what has become my home. If I leave, no doubt, the leech ll will up the rent and pocket some more change! FAT CHANCE!
: We need more people to get up off their backsides and at least make some sort of effort to maintain the dignity that's due to tenants.
: Like we say to the neighbors here who piss and moan about conditions in their apartments but won't participate in any activities-as a group-to improve their lot: If you won't do something to help those who got and are fighting, you're only asking for what you've got and worse. And, you're getting it. Well deserved it is too.
: It's a shame we have to fight for good shelter these days. But, no doubt, if we would get good shelter, we'd all be peacefully living in it and minding our other affairs. Yes?
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