Posted by Joe on February 21, 2000 at 01:12:26:
In Reply to: Re: Sue or wait to be evicted? what do you think? posted by richard on February 21, 2000 at 00:01:15:
Thanks for your reply. I do not think you understand the complexities of my request. If I initiate action I will not be able perhaps to ask for a rent abatement. Also, suing would notify him that I haven't paid, he obviously hasn't realized this yet. And because of the "stale rent" law the longer he goes without starting an eviction, the less he might be able to collect. He may only be able to get the last three months, not the months before that. So it may be in my interest to wait until he tries to evict me and then go to court as a defendant. I am not sure that if I sue I can put the back rent into a court escrow account and then possibly get all or some of it back.(Which I should because of the conditions I am living in.) But it seems that if I wait for eviction, I will have the opportunity to put it in escrow and may be awarded more money. You see the law is very complicated on this matter, that is why I posted my question. It's not as simple and straightforward (and I am not as dumb) as you seem to have thought. Also, I do not have $2,000 to pay a lawyer's retainer (I've been saving the back rent in case I have to pay it all). You wouldn't happen to be a lawyer would you?
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