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Repairs not done

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Repairs not done

Postby Inaru » Thu Sep 26, 2002 5:23 pm

If someone can give me advice on how to proceed with this situation I would greatly appreciate it. I used to live in a building (15 units) for about a year and half on a month to month basis with my 3 year old child (I was also pregnat the last 9 months there). This past Dec. I asked the landlord to make repairs in the apartment (no super in the building, the landlords father did all the repairs) His reply was that he was very busy because of the upcoming holidays if they could wait until after. I said fine and waited until the 2nd week of Jan. Called back and he said his father will come and fix it that Sat morning. No one showed. Several more phone calls and complaints made--no remedies. What needed to be repaired was a broken window lock (i lived on the first floor), wall tiles were falling off into the bathtub, and leaks from every faucet. Also the hallway was always dirty I think it was cleaned twice the whole time I was there (with dead water bugs no less they would stay there for weeks). I complained until I got fed up and started withholding my rent. He got upset and would tell me he would not do the repairs until I paid the rent and I would tell him vice versa. Now I ended up calling HPD and having an inspector come into my apt. When the inspector showed up he added to more violations window guards and faulty smoke detector. Once he received the violations he was outraged and harassed me at work regarding the violations so we agreed he would go to my apt to do the repairs. I took off a day from work (which I didn't get paid for) and he did not show up again. I ended up moving out in the beginning of Aug. owing about three mths rent (technically 2 since he has my security deposit) Now I received forwarded mail to my new address from a collection lawyer stating I owe $4000 (rent was $650 a month). Which is obviously alot more than the rent I was paying and what was owed. I really do not want to pay anything because of the aggravation. What should be my next set of action?
Inaru
 
Posts: 3
Joined: Thu Sep 26, 2002 1:01 am

Re: Repairs not done

Postby consigliere » Thu Sep 26, 2002 7:49 pm

Why would an apartment in a 15-unit building in New York City not be rent stabilized?
 
I would do nothing for now. The landlord would have to sue you in civil court if he's seeking more than $3,000.
 
If you were a month-to-month tenant, you didn't have to give any notice before moving. If you're sued, you could use the warranty of habitabilty both as a defense and as a counterclaim.
 
You could also check with DHCR to see if the apartment is rent stabilized, and if so, what the maximum legal rent is, and you might be able to collect treble damages if you were overcharged.
 
consigliere
 
Posts: 613
Joined: Sun Mar 03, 2002 2:01 am

Re: Repairs not done

Postby Inaru » Fri Sep 27, 2002 10:56 am

Thank you :) I feel more at ease regarding the situation. The only thing that bothers me is that: Is it normal for landlords to hire collection lawyers? I lived in a couple of apts before but they were leased apts and I never had any issues regarding maintenance so I always paid my rent on time.
Inaru
 
Posts: 3
Joined: Thu Sep 26, 2002 1:01 am


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