Posted by SamE on December 17, 2000 at 18:00:08:
In Reply to: Re: Can former landlord sue for 1 month unpaid rent? posted by on December 17, 2000 at 17:25:45:
: Your former landlord can keep your security deposit (for the next to the last month you were there) and sue for any lost rent (the last month you were there, plus any period for which the apartment was vacant). If the amount is less than $3,000, the landlord could sue in small claims court. If it's over $3,000, the suit would have to be brought in civil court.
: Your defense would be that the landlord violated the warranty of habitability. It would be best if HPD has violations of record against the building and your apartment. Photographic evidence would also be helpful.
I agree with the above. He cannot, repeat cannot, use Housing Court: he must use Small Claims or Civil court.
I disagree with ".'s" last sentence: you can only get an offset if the new tenant paid for rent for one of your unpaid months. In other words: it is illegal for the landlord to collect rent from two different tenants for the same month.
"." said: " Any increase in rent for the new tenant should be offset against anything you might owe. "
: : Hello, I'm in a quandry. Last week I moved out of a disgusting over-priced rat-trap of an apartment on 9th Ave. in Manhattan, I didn't pay the two last month's rent. They have one month security. I don't want to pay them another dime. I complained to them about mice in the building and the apt, a leak in the ceiling, there wasn't a heater in the apt.. anyway I just don't want to pay them anything, they'll rent it out for more money anyway. What kind of legal action can they take to get the two months' rent? If I still lived there, wouldn't they just evict me?
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