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do not put rent money in escrow

Posted by nyhawk on June 14, 2001 at 13:54:07:

In Reply to: Re: NO LL RESPONSE TO OVERCHARGE posted by Ace on June 14, 2001 at 12:05:11:

withhold rent only if you plan is to force the landlord to sue you in Housing Court so you can countersue for rent overcharge.........this will give a you a "black mark" as someone said...........if your going to sue the landlord for rent overcharge .........you must either do it in civil court or supreme court, depending on the amount of money involved, BUT DO NOT withhold any rent if you decide to sue the landlord ........no escrow account is needed or appropriate.........if you decide to sue your landlord for rent overcharge, by all means continue to pay rent timely and faithfully, this is so because each month's rent that you continue to pay after your lawsuit is started will INCREASE the rent overcharge award.......assuming you ultimately win, if you lose your rent will be current....... (It's much better not to be perceived by the judge as a dead beat tenant who owes rent.) In other words, if a rent overcharge is proven, you will get the excess refunded to you, and possibly triple if the overcharge is determined to be willful ........the landlord must prove that it was not willful, the tenant does not have to prove that it was willful).......... check your lease about entitlement to attorney's fees......... if it awards u attorney's fees, don't roll the dice, go get a lawyer.........or at least, get a professional opinion about your chances of succeeding on your rent overcharge claim and get advice on whether you should withhold rent and get sued or take the offensive and sue your landlord,..... these decisions are sometimes not easy .........by the way, getting a lawyer makes so much sense because you can safely bet your landlord will have a lawyer.......AND PLEASE do not start to retain a lawyer AFTER you have already started a lawsuit, nothing is worse than asking a lawyer to get involved in a case after a non-lawyer has started a lawsuit. let the lawyer start from scratch...........and not have to be hampered with a lawsuit that likely was not started correctly.... good luck

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