Using rent laws as leverage in civil case with LL

[MikeW]

Situation: NYC rent stabilized apartment. Tenant leaves apartment. LL sues now Ex-tenant for a month's back rent and misc damages (substantiated or not). Rent at time of tenant's leaving was <$1000.

LL does quicky renovation and rerents apartment for $2K or greater, probably to someone who is not knowledgable about NYC rent law. This has NOT been an uncommon occurance in the building.

Ex-tenant cannot afford a lawyer, and does not particularly want to go to trial on the case. Can the ex-tenant use the threat of contacting he current tenant, informing that party of the possible overcharge and the ways to pursue a remedy, as a negotiating tool in getting a favorable settlement? Would such a threat be considered extortion? Could that threat be used against the ex-tenant in the case itself, if it does go to trial.

[TenantNet]

Depends on how saavy the LL is. It's not extortion by any means, but the LL may ignore the threat. If the LL did a quick renovation, the ex-tenant may not be liable for unexpired portion of the lease (if any). The security deposit might cover some of the back rent (also depends on how/when notice given to LL. The damages have to be provable, and real damages, not wear & tear.

[Phil Cohen]

I think psychologically it would backfire. Might be a good thing to do -- notify the tenant that is -- win lose or draw.

[MikeW]

We've figured out that if he started renovation right away, he's probably legally releasing her from the lease. She'll use that.

The other issues are not so much damages but cleanup. She thought she has struck a deal with the super to take the rest of the stuff. But tht didn't happen (or did happen and the LL is just sticking it to her). FWIW this apartment was basically untouched for twenty-something years. I'd think the LL would be dancing a jig to have gotten it back.

Originally posted by TenantNet:
Depends on how saavy the LL is. It's not extortion by any means, but the LL may ignore the threat. If the LL did a quick renovation, the ex-tenant may not be liable for unexpired portion of the lease (if any). The security deposit might cover some of the back rent (also depends on how/when notice given to LL. The damages have to be provable, and real damages, not wear & tear.

[TenantNet]

One thing to consider ... let's say the tenant moved out the end of Feb (irrespective of when or how notice was given) and possession was given to the LL (transfer of keys). Let's say the LL is now claiming March rent. But if LL is claiming March rent, then in effect he/she is saying the tenant still has legal possession. So if the LL starts to renovate mid-March, that more or less acknowledges the LL released tenant, i.e., if the LL is claiming March rent, then it's still within tenant's possession - even if the tenant was not living there any more and even if tenant moved out leaving an empty unit, it would still be in the tenant's possession.