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Posted by JJ on December 08, 2001 at 23:15:36:

In Reply to: Yikes, wrong advice from Tenant.Net!! posted by nyhawk on December 07, 2001 at 06:07:58:

Or, if ya wanna get sophisticated, you can start a rent overcharge in Civil or Supreme and THEN stop paying rent. The landlord will bring a non-pay in Housing Court and try and combine the two cases, but appellate authority bars a court from ordering any rent deposit during a case started in Civil or Supreme if the allegation of rent overcharge is viable....so, the landlord, stuck in two lawsuits and not getting any rent, will have a strong incentive to settle quickly with the tenant.

post case please: "overcharge stops RPAPL745 deposit?"

Follow Ups:

• case nyhawk 12/10/01 (1)
  • Re: case: holdovers JJ 12/11/01 (0)

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:  Or, if ya wanna get sophisticated, you can start a rent overcharge in Civil or Supreme and THEN stop paying rent. The landlord will bring a non-pay in Housing Court and try and combine the two cases, but appellate authority bars a court from ordering any rent deposit during a case started in Civil or Supreme if the allegation of rent overcharge is viable....so, the landlord, stuck in two lawsuits and not getting any rent, will have a strong incentive to settle quickly with the tenant. 

: post case please: "overcharge stops RPAPL745 deposit?"


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