LL seeking rent under the lease for 3 months and after the lease expired for 2 months.
I think there are problems with his complaint. First he just claims rent for the whole period, but after the lease expired, he is claiming payment for use & occupancy right? Can he just collapse that all into one claim? There are multiple units involved, and he claims rent (actually u&o) for dates AFTER move-out for some of the units.
Also he did not deduct the security deposit he kept from the amount due. I don't know what he did with it, but I bet he put the deposits at least for our units into one account - so comingling means he must return the full amount. Does this mean he cannot apply it to back rent as well?
The building was unsafe, invested with vermin, had exposed electrical wiring, etc. and LL refused to fix for months, so moved out. Defense is breach of warranty of habitability but I wonder if his sloppy drafting is easier to attack?
Thanks for any help. Oh bldg is in the Bronx and units were RS.