Posted by Cranky Tenant on November 11, 2001 at 20:01:01:
In Reply to: stale rent.. posted by gary on November 11, 2001 at 14:35:05:
This is really the kind of question you should ask your lawyer. My guess is stale rent is rent the LL never bothered to collect that could go back several years. More likely your LL is just waiting till he thinks you no longer have the money, or until you owe him enough to make going to court worth his while.
If your apartment is that bad, and you can document it, you could get abatement. In the meantime cover your butt and make sure you can pay whatever you owe him in case the court orders you to do so.
: I live in a prewar tenament walk up 18 unit building on the upperwest side in manhattan. It's rent stabilized. I just went to court after filing an HP Action against my landlord. They are currently working on fixing all the violations. I haven't paid rent for five months. I haven't received an eviction notice yet. The owner is a slumlord that's in court all the time. His lawyer changed the name of the person I'm sueing to a management agent that happens to be the old owner I find out later. So, my lawyer told me to have the name changed back to the slumlords name the next time I'm in court. Is this old rent going to turn into stale rent? I know people in my building that have been through court with him and owe more back rent than I do and they got new leases and never got eviction notices. It's like this slumlord doesn't want to fight it out in court because than he'll probably have to buy me out or something. Should I be concerned about the old rent because I was suffering with rats for months and other serious conditions before they started fixing things around here... And when can I ask the judge for a rent reduction?
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