Ask Me Help Desk - Landlord's lawyer says we have no case and we are not getting any money back

This is a month to month lease in New York. During October ,Nov and Dec. landlord refuses to fix heat and there was NO heat throughout house with numerous notifications. We thought he would fix it but instead right before Christmas tells us either we fix it or get out. The boiler man says the boiler is from 1948 and it will cost in the thousands to fix. We decide that the landlord has two months security and we know we will never get it back so January we do not pay rent due to living in unsatisfactory conditions.There are times throughout these months that we have no hot water also due to the fact the tenant downstairs denys us access to turn it back on. . This is the same tenant that invited a prostitute over and called the police when she was robbing him. Really crazy stuff .( By the way, we llive in a very nice neighborhood) although it doesn't seem like that as I am writing.We have three kids and desperately try to find alternative arrangements. Call local branches to help and get very general answers. We call the fair housing agencies... Imagine trying to live with no heat and little kids . Receive letter from his lawyer to vacate premises within 5 days.. this is impossible with a son in school and living in a 3 bedroom house to arrange such a quick move. WE had a whole truck load of things to move and considering this was a place we had settled in for two years always paying rent on time,we did not expect this to happen Once house is falling apart, we become threatened and told we are going to be evicted. Landlord comes to house , physically assaults my husband and separates his shoulder. We have documentation from police dept and hospital. Did not upgrade charge to assault to have him arrested.Threatens family in front of children by storming into house and pushing his way in.. My youngest son still talks about this.Other problems that we complained but received no answer include leaks, a few rooms have no electric,( like 1st floor bathroom and kitchen) no washer and dryer we had to do laundry for 2 years at the laundromat, no dishwasher as promised. Two burners on stove not working.Pool not fenced in as required by law... track lighting not working etc
We also paid full amount for utilities for the tenant downstairs when the landlord was responsible for a 1/4 and we were responsible for the rest. We paid his cable, electric,oil and computer online. We had to pay 800 a month for electric for 2 electric space heaters which we all had to sleep in the same bedroom with that danger.
He has no co's for a big part of the house. I think it's a warrant of habitibility issue, illegal eviction... I feel like he violated our rights by aggreeing to fix things in the house and then faulting on the agreement and just kicking us out. It would have been a yearly lease as it was the first two years, he was just too lazy to send it to our house. We planned on settling in for a long time until everything started falling apart.
Anyway, his lawyer says he can sue us. What is our recourse... as he violated our rights... We have moved and left the place in good condition .Now we are talking with his lawyer and he is saying he can sue us.

Of course his lawyer is going to say that the landlord can sue you and that you have no case. It is his job to protect his client and to try and convince you not to sue him.

From what you've said here you seem to have a very good case. I suggest that you speak to a litigation attorney. If the landlord did not have a Certificate of Occupancy for the house then you may be able to sue him for all of the rent you paid for the entire time you lived there. You may also be able to sue him for the utility costs when you had no heat.

Speak to an attorney of your own, not your landlord's attorney.

As Lisa noted, of course his attorney will tell you that you will lose and you have no chance. You need to get your own attorney

Quote:

Originally Posted by alimarie6789

This is a month to month lease in New York. During October ,Nov and Dec. landlord refuses to fix heat and there was NO heat throughout house with numerous notifications. We thought he would fix it but instead right before Christmas tells us either we fix it or get out. The boiler man says the boiler is from 1948 and it will cost in the thousands to fix. We decide that the landlord has two months security and we know we will never get it back so January we do not pay rent due to living in unsatisfactory conditions.There are times throughout these months that we have no hot water also due to the fact the tenant downstairs denys us access to turn it back on. . This is the same tenant that invited a prostitute over and called the police when she was robbing him. Really crazy stuff .( By the way, we llive in a very nice neighborhood) although it doesnt seem like that as I am writing.We have three kids and desperately try to find alternative arrangements. Call local branches to help and get very general answers. We call the fair housing agencies ....Imagine trying to live with no heat and little kids . Receive letter from his lawyer to vacate premises within 5 days..this is impossible with a son in school and living in a 3 bedroom house to arrange such a quick move. WE had a whole truck load of things to move and considering this was a place we had settled in for two years always paying rent on time,we did not expect this to happen Once house is falling apart, we become threatened and told we are going to be evicted. Landlord comes to house , physically assaults my husband and separates his shoulder. We have documentation from police dept and hospital. Did not upgrade charge to assault to have him arrested.Threatens family in front of children by storming into house and pushing his way in.. my youngest son still talks about this.Other problems that we complained but received no answer include leaks, a few rooms have no electric,( like 1st floor bathroom and kitchen) no washer and dryer we had to do laundry for 2 years at the laundromat, no dishwasher as promised. Two burners on stove not working.Pool not fenced in as required by law .....track lighting not working etc
We also paid full amount for utilities for the tenant downstairs when the landlord was responsible for a 1/4 and we were reponsible for the rest. We paid his cable, electric,oil and computer online. We had to pay 800 a month for electric for 2 electric space heaters which we all had to sleep in the same bedroom with that danger.
He has no co's for a big part of the house. I think its a warrant of habitibility issue, illegal eviction .....I feel like he violated our rights by aggreeing to fix things in the house and then faulting on the agreement and just kicking us out. It would have been a yearly lease as it was the first two years, he was just too lazy to send it to our house. We planned on settling in for a long time until everything started falling apart.
Anyways, his lawyer says he can sue us. What is our recourse....as he violated our rights.... We have moved and left the place in good condition .Now we are talking with his lawyer and he is saying he can sue us.

How did this shake out. It is a good story and worthy of publishing the result.