Landlord has broken verbal agreement to let me out of le

[Torie]

My landlord agreed to let me move out of my apartment 5 years ago, I did not get it in writing. I had legal cause to break the lease. Now they have sent a credit agency after me for the rent from the time I moved out until the next tenant moved in. Should I sue to get out of the lease? Should I give the info over to the credit agency why I had cause to break the lease, and hope the landlord decides not to pursue the money? Will giving the credit agency the following story give me a disadvantage (i.e. could they sue me before I sue them, knowing my story already)?

Here is the whole story why I moved out:
I lived at ~ beginning in May 1998. I moved out at the end of July of the same year. During the time that I resided at the above apartment, many aspects of the building's management threatened me.

Before I moved to the above location, I was aware of the nature of the neighborhood in which my new home was located, however, I wasn't aware that the building's other residents and its superintendent felt it was important to keep the front door of the building propped open so that anyone might enter and leave without a key. This was, perhaps, partially due to the fact that the buzzer system did not work. Thus, the security of the building was compromised by the landlord's failure to keep the buzzers in good repair and keep the front door locked. According to the Multiple Dwelling Law §50-a, landlords are required to have self-closing, self-locking front doors which are kept locked. In addition, buildings containing eight or more apartments must also have a two-way voice intercom system from each apartment to the front door and tenants must be able to "buzz" open the entrance door for visitors.

During the three months I lived in apartment #32, there were at least two fires in the building. One occurred on a particularly hot day, when the piles of trash and wood fence at the rear of the building caught fire. I do not know the cause of this fire, but it appeared to be encouraged by the refuse which typically littered the area. The second fire was caused by a mattress which had been blocking the hallway of the first floor lobby, according to the super and firemen. The mattress had been thrown out by one of the tenants and left, not only as an eye sore, but also as a fire hazard. The result of this second fire was that the first floor lobby was totally charred, and the rest of the building was choked by thick smoke and soot which stained the walls and soiled some of my personal property. The waste removal in the building obviously created a danger to the residents of the building. According to the Multiple Dwelling Law §78 and §80, landlords of buildings with three or more apartments must keep the apartments and the buildings' public areas in "good repair" and clean and free of vermin, garbage, or other offensive material.

The ultimate reason I decided to leave was a break-in to my apartment at the end of July 1998. I informed the super as I left my apartment that evening that I would be out for the night. I returned the next morning, to find that my stereo, camera, compact discs, and other personal possessions had been stolen. I called the police, who concluded that a larceny had taken place, as no sign of forceable entry could be seen. Apparently, the apartment had been entered by someone in the possession of a key. I had not given a copy of the key to anyone.

I called ~ management to let the know my situation and that I would not be staying in the apartment any longer. I had already sent the August rent earlier, but had stopped payment on the check when my apartment was broken into. When I informed ~ management of this, they asked that I resend the August rent, and told me that they would release me from the obligations of my lease due to the problems I had in their building. I sent them a second check for the August rent, and enclosed my new address so that they could contact me if necessary. Despite their knowledge of my whereabouts, ~ Management never contacted me by phone or mail. Five years later, I received a notice from a collection agency about a debt I supposedly owe them. Even if ~ Management had not agreed to release me from my lease, they violated my right as a tenant to a secure and safe apartment building in the above mentioned ways, and they therefore cannot hold me to the terms of our original contract.

I'm sorry this was so long...

THANKS!
Torie

[jj1124]

Hire a Lawyer..........

[Torie]

Thanks for your replies.

I am considering consulting with a lawyer right now. I'm just trying to decide whether to sent the documentation I have to them to see if they want to pursue this debt, or whether I should just start paying a lawyer now.

I have documentation for most of these incidences. I have photographs of the doors being propped open, of the trash piled up in the hall. I have a police report from the break-in to my apartment. I read that I could sue my landlord for damages resulting from the break-in if I could prove that there was crime in the apartment building due to his negligence (e.g. doors not working, buzzer not working, etc.). I didn't because I thought the landlord and I had worked it out amongst ourselves. I had insurance, so I was able to recover part of the value of my stolen belongings, so I just decided to move on when the landlord told me I would be let out of my lease. And, no, nothing has happened between the landlord and I since I moved out. He never contacted me, or sent me a bill.

Thanks,
Torie

[Torie]

Anyone else?

Puleeze... pretty please.