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Posted by Ace on June 14, 2001 at 12:05:11:

In Reply to: NO LL RESPONSE TO OVERCHARGE posted by snorkel on June 12, 2001 at 16:43:59:

Withholding rent would not be a good idea as it would set you up to be evicted due to nonpayment of rent. And would be a blackmark on your credit report that you don't need to get from this lowdown LL. I would go to court immediately and ask the judge to set up an escrow account and dump what money you would have paid the LL into it. Send a letter to LL stating what's been done as well. Then LL can tell you're serious and start moving on doing what needs to be done to rectify the situation amicably.

: I live in a RS apartment on the lower eastside. A few months ago it came to my attention that the landlord was overcharging me by about $1000 (based on the rental history provided by the DHCR). I have gone through all the appropriate channels, done my research, consulted with attorneys and sent him a certified letter with return receipt stating my case. I basically gave him all the facts and figures and wrote that I wanted us to come to an amicable and reasonable agreement so as to avoid housing court (where he would most likely be hit with treble damages as well). I also said that if he does not rectify the situation I would begin witholding rent starting in July. Anyway, I received the return receipt two weeks ago and he has not responded.

: Do I just wait it out, withold rent and let him take me to court for non-payment and state my case at that time? Do I keep sending letters? Is the ball in his court now? I'm just not sure and the waiting is giving me an ulcer. Any advice would be grand. Thanks.

Follow Ups:

• do not put rent money in escrow nyhawk 06/14/01 (0)
• Re: NO LL RESPONSE TO OVERCHARGE snorkel 06/14/01 (3)
  • what to do next? chelsea 06/15/01 (1)
    • Re: what to do next? New York Tenant 06/16/01 (0)
  • Re: NO LL RESPONSE TO OVERCHARGE New York Tenant 06/15/01 (0)

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Comments:
: Withholding rent would not be a good idea as it would set you up to be evicted due to nonpayment of rent.  And would be a blackmark on your credit report that you don't need to get from this lowdown LL.  I would go to court immediately and ask the judge to set up an escrow account and dump what money you would have paid the LL into it.  Send a letter to LL stating what's been done as well.  Then LL can tell you're serious and start moving on doing what needs to be done to rectify the situation amicably.  

: : I live in a RS apartment on the lower eastside. A few months ago it came to my attention that the landlord was overcharging me by about $1000 (based on the rental history provided by the DHCR). I have gone through all the appropriate channels, done my research, consulted with attorneys and sent him a certified letter with return receipt stating my case. I basically gave him all the facts and figures and wrote that I wanted us to come to an amicable and reasonable agreement so as to avoid housing court (where he would most likely be hit with treble damages as well). I also said that if he does not rectify the situation I would begin witholding rent starting in July. Anyway, I received the return receipt two weeks ago and he has not responded.

: : Do I just wait it out, withold rent and let him take me to court for non-payment and state my case at that time? Do I keep sending letters? Is the ball in his court now? I'm just not sure and the waiting is giving me an ulcer. Any advice would be grand. Thanks.


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