I'll try to make this quick! I live in an RS apt and immediately after signing the lease, I began to notice water spots appearing on the ceiling. I informed the LL (which is the bldng mgr, I have no personal contact with owner) immediately and found out that water leaks from the roof have been a problem in this apt for 20+ years.
Fast forward to present. LL never repaired leak. Every time it rains, my apt literally floods. In September, the leak got terrible. Water streaming down the walls in every room. I have contacted LL numerous times over the past year with no response and no repairs. I began withholding my rent in Oct and Nov, as I planned to begin a court case against them for repairs and rent overcharge. I went ahead and sent rent for Oct/Nov in December and LL cashed my rent checks on Dec 22nd.
During Christmas, it rained all week and my apt floors again severely. I finally got LL on phone on Dec 27th and demanded repairs and that I would have no choice but to take them to court if they did not make the repairs. I also asked for compensation for the rent overcharge relating to a rent reduction order that was in place when my lease was signed. LL told me he would talk to owner and get everything fixed and ask if I could transfer to another vacant apt, at my request. Never received a call back. 2 days later, LL filed a non-payment case against me stating that I have no paid rent for Oct, Nov, and now December. I clearly have proof I paid PRIOR to the court filing. Dec rent was never been demanded from me, so essentially their case should be dismissed.
However, I would like to make a motion for their claims to be dismissed b/c they are false claims and the court has no jurisdiction WHILE at the SAME time putting in a counterclaim for lack of repairs, harassment, and rent overcharge.
Is it possible to do a counterclaim with all of these things at once? Do I have to start an HP action at the same time I submit my answer? This is all happening so quickly and I haven't been able to find a tenant attorney yet that I can afford.