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Posted by mee on July 23, 2001 at 17:23:21:

In Reply to: Re: To Withold rent or not? posted by snorkel on July 23, 2001 at 16:23:04:

That way you can demand discovery of ALL documents related to the overcharge! If you dont you will be wasting your time by being cheap.

Chances are the landlord might say oops, the judge agrees lowers the rent, then next year when the lease is going to expire, the landlord will want the apartment for his family or a live in super, and you will be back in court again, trying to prevent an evcition.

: I've consulted with a few attorneys that advertise on this site. In both instances they have said I have a cut and dry case but "nothing is ever certain". Of course, they did not tell me to go it alone because I'm sure they could stand to profit a few pennies from me.

: One attorney told me if I go it alone, I should withold rent and let the LL take me to court. The other attorney wants to take it all the way to the supreme court. Aaarg!

:
: : Why don't you ask your attorney to represent you on the case that if you win, he gets 10% of your awards, period, nothing more nothing less (all work relating to it would not be charged extra, he would only get 10%)?

: : Does attorney think you have a case? Was there an initial consultation and what did he/she advise? Also, check out some other tenant lawyers who advertise on this site and see where you go with them.

: : : I live in a RS apt in Manhattan. LL is blatantly overcharging me by $1,000. DHCR rental history proves this. (This LL had been found guilty before and received press for being dirty, too.) Anyway, personal negotiations with LL have gone nowhere. I've consulted an attorney but can't really afford to maintain his services.

: : : My question(s) is this: Should I continue paying the rent that is on the lease until I can afford to take him to supreme court with an attorney? Should I withold rent and let him take me to court and then counter sue for treble damages? OR, should I pay him the rent that I've calculated to be fair according to the law? I'm pretty confused about the whole process and I'd like to resolve it asap. Also, if it is such a blatant case, would it really be too dificult to represent myself in court?

: : : Any advice would be greatly appreciated. Thanks in advance.

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Comments:
:    That way you can demand discovery of ALL documents related to the overcharge!    If you dont you will be wasting your time by being cheap. 

:  Chances are the landlord might say oops, the judge agrees lowers the rent, then next year when the lease is going to expire, the landlord will want the apartment for his family or a live in super, and you will be back in court again, trying to prevent an evcition. 

:    

: 
: : I've consulted with a few attorneys that advertise on this site. In both instances they have said I have a cut and dry case but "nothing is ever certain". Of course, they did not tell me to go it alone because I'm sure they could stand to profit a few pennies from me.

: : One attorney told me if I go it alone, I should withold rent and let the LL take me to court. The other attorney wants to take it all the way to the supreme court. Aaarg! 

: : 
: : : Why don't you ask your attorney to represent you on the case that if you win, he gets 10% of your awards, period, nothing more nothing less (all work relating to it would not be charged extra, he would only get 10%)?

: : : Does attorney think you have a case?  Was there an initial consultation and what did he/she advise?  Also, check out some other tenant lawyers who advertise on this site and see where you go with them.

: : : : I live in a RS apt in Manhattan. LL is blatantly overcharging me by $1,000. DHCR rental history proves this. (This LL had been found guilty before and received press for being dirty, too.) Anyway, personal negotiations with LL have gone nowhere. I've consulted an attorney but can't really afford to maintain his services. 

: : : : My question(s) is this: Should I continue paying the rent that is on the lease until I can afford to take him to supreme court with an attorney? Should I withold rent and let him take me to court and then counter sue for treble damages? OR, should I pay him the rent that I've calculated to be fair according to the law? I'm pretty confused about the whole process and I'd like to resolve it asap. Also, if it is such a blatant case, would it really be too dificult to represent myself in court?

: : : : Any advice would be greatly appreciated. Thanks in advance.



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