what happens once I've called 311

[TenantNet]

Withholding rent to spur repairs is what tenants have been doing for years.

Make certain you are recording these threatening phone calls. If any cross the line, they may be useful in court if the case actually goes to trial (most don't, but having the recordings can often help).

[bkjones]

thx for advice. I am saving messages. They're not specific & probably mean nothing in court. Things like, "Hope you had your fun w all your complaints, now it's my turn." And "The next move is mine"
Have no idea what she means. hope it is in the realm of the law. I do feel very uncomfortable now. Esp. cuz one of my complaints is that the doors don't lock. I have to be at work 10 hours or more 6 days a wk.
If I came home one night and my doors were locked, then what do I do?

[TenantNet]

Of course that's a threat and it's retaliation, which is against the law.

[lofter1]

If you get locked-out that is illegal. Call your local police precinct immediately, explain the situation and wait for them to arrive. They should force the LL to allow you entrance.

Given the situation and your concerns, you should probably carry on your person something that shows your name and current address (COn Ed Bill, Cable bill, etc.) so you can show it to the police as proof if a lock-out occurs.

[bkjones]

very good idea about carrying mail. My id has work address on it, but I have mail.
I feel extremely vulnerable right now. Esp. since one of my complaints its that my doors don't lock. I'm going to have a locksmith over tomorrow to put a lock on the downstairs door. But no matter how good the lock, the upstairs door will never be safe cuz it's a hollow core flimsy door. I'm going to move a heavy bookshelf in front of it and just use the lower door form here on. I am sending my daughter out to family because I am afraid she's in the line of fire if something weird happens and she's home alone.
I'm going to video my valuables & keep tape at work. Might remove valuables from apt. in fact. I've considered taking the train to work so that I leave my car outside and the tv on. Am I losing it? I do think it's possible LL will do something crazy. My old dog is a punk and my german shepherd is only a puppy. Sure wish I had a tough dog on duty in here.
I could take her threats to police in attempts to hold her at bay. Or go the olive branch approach... as in- I'm only trying to help you fix your bldg, I want to cooperate fully, blah blah.
I'm kind of freaking out. For months everyone's advice was to call 311. At this moment, I can't say I'm glad I did.

[bkjones]

Today LL informed me by email that she has begun proceeding to make me move because I've now caused her too much problems and headaches.
Can I be evicted for calling 311 in attempts to have repairs made?

[bkjones]

I guess she needs no grounds since she never gave me the lease. She can evict me because of the complaints but say it was just because whatever.
Now what?

[TenantNet]

Did you sign a lease?

If not then they have to follow the month-to-month rules.

You can always use retaliatory eviction as a defense. See the Real Property Law on that.

[bkjones]

Last I saw the lease was when I signed it at the broker's office. Then it went to LL's office and she was supposed to send me. Despite requesting it numerous times I never got it. The broker rememeber that I signed it tho, but she doesn't have a copy.
I'm going to research retaliation eviction infor. thanks for the lead.
She did stick a 30 day notice on my door nearly 2 wks ago. But later said it would be ok to stay as long as I pay and I said I'd pay as soon as she repaired. I'll assume the 30 day notice is valid, but not sure that was properly served. Today she emailed that she wants me out because I've caused her too many problems now by calling 311. That seems like retaliation to me. Believe it, she said she's lost respect for me and called me vicious!!! Because I want my doors to lock and I don't want mold in the basement. Shysta.
My biggest concern is that I won't find a place soon. I've been looking since early June. I have a kid, 2 dogs, and just since 2007 some credit problems. I'm very worried about finding something.

[TenantNet]

Do not assume the notice is valid, and do not assume it was served properly. Look at the section on month-to-month tenants in the reference section. Search for retaliation.

[bkjones]

OK, she gave 30 day notice but didn't state eviction could follow. Does that make it not served properly? Is there some way it should be served, ie certified mail, hand deliver,? I couldn't find that info.
I would hate my name to be on holdover proceeding right now since I'm already having a difficult time finding a place.
thanks so much for your info & steering me in the direction to research.

[bkjones]

well things certainly have deteriorated. LL has been vicous. She's sending me nasty emails about what a terrible tenant I am and how she hears no one in the neighborhood likes me and that all her tenants have told her they don't like me. She wants me OUT asap. She says she is taking legal action against me, but I have seen no evidence of that so far.

Now the switches at the electric box started sparking and I had to shut a couple off. I have no lights in kitchen, & daughter's room, and no outlets in my room. First she said she's send an electrician. Then she lied and claims that I refuse to cooperate with the electrician's schedule. Now she says she's going to make all renovations and repairs to the apartment after I leave, but not before.
The city isn't scheduled to visit here unitl 9/3 and I may be out by then, in which case they'll drop the complaints.
I still can't find an apartment. I wonder if I should call 311 again about the electrics, but it's gotten me into a far worse situation w/ my LL relationship. And they haven't really done anything and aren't making her do anything.
Any advice? I did research as posters suggested. I think there is a good case for retaliation defense.

[Jeffnet]

Oh boy, that is really something else. Nobody in the neighborhood likes you? Did she say who? Do you know them?

Perhaps your first mistake was to withhold rent. You have a much better case to get things corrected if you are current on rent. Of course you can expect the LL to be very unhappy with your course of action.

Definitely keep all emails, phone conversations, etc. You should probably see a lawyer.

[bkjones]

I happen to have a lot of friends in the neighborhood and in fact several neighbors are giving me apt. leads whenever they hear of something.
She must be referring to the "dumper" upstairs. It's not news that someone who put human feces on my sunporch roof doesn't like me!
I tried everything to get things fixed before withholding rent. She just doesn't do it. rent pd or not.
I am pretty sick of feeling like I live in a mystery novel. But I think she promised the upstairs tenant my apt. and then they've both been trying to get me out. He's a contractor and she moved him in upstairs for free cuz she owed him money. I believe she wants him to do work on this house in exchange for a reduced rent in my duplex.
Still no electrics as before.
Spoike to a lawyer, he said I shoudln't pay her anything. Just have the money when I go to court and the judge will determine what's fair given the circumstances. I hope to find an apt. and avoid court. Still haven't found an acceptable apt. Still no indication that she's taken legal action.

[Jeffnet]

Ok, fair enough. You tried to get repairs no matter what, so it might make sense to withhold rent now.

It looks like she really wants you to leave. Too bad the contractor guy in the other apartment isn't working with the LL to help you effect repairs.

Hope this all turns out ok for you.