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Posted by Brenda on February 22, 1999 at 12:52:46:

In Reply to: SUING! L/L IS RENTING ME A LEMON AND WANT ALL MY MONEY BACK posted by PIERRE FREYRE on February 20, 1999 at 00:08:42:

Obviously, you should have left a long time ago. Did you really think that the LL was going to put in a new floor? These are the kinds of people who would rent out Chernobyl if they had the chance.

In terms of getting your money back, you should at least be able to recover security in small claims court. Just bring documentation from HRP which establishes that apt is uninhabitable. The lease is automatically cancelled and you are entitled to the deposit.

As for the rest of the money, you basically have to show damages, i.e you could not use this or that room, etc. The courts may grant you a fraction of the rent, depending on the portion of the apt which was usable. Note that small claims courts usually have a limit in terms of the damages you can seek - in NYC $3000.

Go to small claims if you have the stomach - otherwise be happy that you are still alive.

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