Posted by MikeW on December 19, 2001 at 13:40:08:
In Reply to: What do I do? posted by Damon ALexander on December 19, 2001 at 13:01:21:
Step 1). Document everything. Every time the super does something out of line, write it down with the date, time, and any other relevent information. Keep a camera handy, and take pictures if necessary. Buy a little tape recorder, and try to get anything incriminating the super says on tape. Also, you can buy a tape based answering machine that will allow you to tape conversations. Get one of these, and record all conversations between you and the super or LL.
Step 2). Complain to LL. Present the documentation you presented in step 1 and demand he does something about it. Closely document/record all communications with and actions of the LL. If he does something effective about the super, fine. If not, go on to ...
Step 3). Unilaterally reduce your rent. Pay something like half what you are supposed to. Include in the first reduced rent payment a note stating that you are reducing your rent to compensate for the lost use of the apartment due to the super's actions, and that you will continue to pay rent at a reduced rate until the problem with the super is resolved.
This will have one of three possible consequences. First, the LL will straighten out the super, and you go back to paying full rent. Second, the LL will file for a non-payment eviction, and you'll have to fight him in court. Third, nothing. You keep paying the reduced rent, and the super keeps harassing you. This is the least likely thing to happen.
Most likey is option two, you go to court. You'll need a lawyer at this point. Give the lawyer all your documentation and let him take it to the judge and make your case that you've been denied quite enjoyment of your apartment, and are entitled to have the harassment stopped and be compensated for the past actions of the super. If your issues are real and you documentation is substantial, you'll likely win. Even if you lose, the worst the judge will likely do is to make you pay the amount of rent you held. The lawyer can give you better advice at this stage.
Hope this helps.
: Okay here's the deal. I have a crazy Super that hates me. He states that I am too loud and that I keep him up at night. The funny thing I don't because I'm asleep by 11pm and I'm a very quiet person. He says that I make noise at 3am and he punishes me by turning on his stereo very loud after 6am so the police won't help. He also says that I should take off my shoes when I'm at home and if I don't he punishes me for that as well. I think he cut my phone lines but I have no proof and when the phone company tries to get access to the basement he refuses to answer the door so they can't fix it. I called the management office and they won't help because they say that he states we are loud and horrible tenants. I'm feel like I just have to live with all of this because No one seems to believe that he is crazy. I just don't know what to do. ANyone have any ideas???
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