[Chrisneedshelp]

OK I have a pretty hairy situation so any legal advise would help... I really don't want to go up in front of this judge and look extremely stupid...
I moved into an apt back in April 2009. Generally I paid my rent on time, sometimes a few days late but it got there. This was a year lease. At the end of September I was only behind $240 going into October. Midway through October I received a letter from my landlord stating that the heat in my apt was no longer able to be regulated from there and was controlled by the owner in New York. I was furious because how can I live in a freezing cold apt? Every time I called I was never anwered or replied to. So I refused to pay rent because technically my landlord broke the lease by not keeping it up to standard.. Still into November the heat wasn't on during the day. I would come home 12 at night and it be freezing in my house. Sometimes the heat would kick on at 1 in the morning and be off by 8... Also in November the elevator broke in our apt.. I was inconveince when I did grocieries, laundry and my family could no longer come to visit because some of them have walkers and can't make it up those stairs... The roof in my apt leaks in one corner when it rains bad and they still haven't come to fix it.. it is now February and my landlord finally has served me with court papers.. To this date I still haven't seen or talked to him. Can he sue me for unpaid rent as technically he broke the lease first and I didn't want to move out for fear of retaliation of leaving before my entire year?

[JudyKayTee]

Yes, he can and sue you for the rent. There are several factors -

What State; did you put any of your complaints in writing; you had the ability (in some States) to put part of the rent in escrow, pending the completion of needed repairs and/or restoration of the heat.

The fact that he "technically" broke the lease does not matter - you cannot assume you can live there free and I don't believe the Court thinks you can live there free.

You can always go to Court and roll the dice but I don't see you winning this one.

[JudyKayTee]

I should have added that I have recently seen Small Claims cases in NY where the tenant has paid part of the rent and placed the other part in escrow (a separate bank account), can PROVE that he/she did just that and the Court took the position that the tenant was prepared to pay but would not pay under the conditions that existed.

Is that your situation by any chance? Can you prove it's not about the money?

[this8384]

ok i have a pretty hairy situation so any legal advise would help...I really dont want to go up in front of this judge and look extremely stupid...
I moved into an apt back in april 2009. Generally i paid my rent on time, sometimes a few days late but it got there. This was a year lease. At the end of September i was only behind $240 going into October. Midway through october i recieved a letter from my landlord stating that the heat in my apt was no longer able to be regulated from there and was controlled by the owner in New York. I was furious because how can i live in a freezing cold apt? Everytime i called i was never anwered or replied to. So i refused to pay rent because technically my landlord broke the lease by not keeping it up to standard..Still into November the heat wasnt on during the day. I would come home 12 at night and it be freezing in my house. Sometimes the heat would kick on at 1 in the morning and be off by 8...Also in November the elevator broke in our apt..I was inconveince when i did grocieries, laundry and my family could no longer come to visit because some of them have walkers and can't make it up those stairs...The roof in my apt leaks in one corner when it rains bad and they still havent come to fix it..it is now February and my landlord finally has served me with court papers..To this date i still haven't seen or talked to him. Can he sue me for unpaid rent as technically he broke the lease first and i didn't want to move out for fear of retaliation of leaving before my entire year?

Few things: I don't know what you mean when you say that the heat "couldn't be regulated" at your apartment. Do you not have a thermostat? Who pays the heating bill? You say that it's "freezing" in your apartment - do you have a thermometer so that you are able to determine what the exact temperature is?

The elevator is a convenience, not a right. Just because it broke down does not give you any grounds to withhold rent.

Have you taken pictures of the leaking roof? Have you contacted the state about this to make sure that it's not a safety issue? Have you contacted the state about the lack of heat in the apartment?

Did you notify your landlord in writing that you would be withholding rent until the necessary repairs were made? Have you caught up on the past due rent?

Yes, he can and apparently is suing you for unpaid rent. You can make the complaints to the court but you need proof of your complaints.