Posted by John on December 13, 2001 at 09:22:31:
In Reply to: No MDR! What happens to rent owed once obtained?? posted by Brooks on December 13, 2001 at 02:22:06:
All this means is that the landlord must update his registration for his/her building by paying a fee (about $14) to the housing department… They are supposed to pay yearly, but until they pay he/she can’t take you to housing court.
Now your landlord may have canceled or adjourned your case so that he/she could pay the fee ($14 dollars) and properly serve you non-payment court papers, you can’t stop that, but you can take him to court for not making any repairs to your apartment. Start a HP Action against your landlord and claim you are withholding rent, because he/she is not making any repairs. Claim everything (common areas, floors leading to your apartment and any service issues)
Note: Once you agree to use and occupy your apartment (rent) you are obligated to pay rent to your landlord. All the drama and harassment you mention could be brought before a different type of Courtroom like the Human Right Commission or criminal court, but be prepared even if you bring these charges about your landlord to them… in the end you must ask for a resolution. For example: pay your moving expenses, reconnection of utilities, etc. You can’t continue to live there with these problems. It also helps if your landlord used racial slurs and/or was verbally abusive to you and your family in front of other people. Document everything, this is your chance to resolve any and all issues you may have with your landlord.
If a small building such as the one you describe didn't pay the yearly fee, then the landlord technically doesn’t have the right to collect rent, but as with anything else in this world it all depends on his timing. And if your building pays the fee then the building is registered and your landlord can bring you to court.
Check how much time you have on your lease, the landlord does have the right not to renew your lease… so wait for a buyout offer of some kind (as long as you get the money), Think about that and good luck.
Read what to do in Housing Court info from this website.
: Hi All,
: The 3 fam building I live in has no MDR (never has). My LL took me to crt for non payment and discontinued the case when he realized that I knew the MDR rule, and the judge was about to dismiss. My question is: What happens when/if they finally do get an MDR? Am I responsible for the back rent? I know that I would be responsible for rent incurred after it is obtained, but will I owe back rent? Where is the law about that? If so, how do I challenge paying the back rent? I'd like to sue them for all the stress and drama they have put me through (I have a great well documented case, and support of local police), but I would have to take them to civil crt over $3K, and don't want to give them the opportunity to counterclaim an ejection. Any/All help on how to proceed and applicable laws would be greatly appreciated! Thanks!
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