Posted by Anna on February 25, 1999 at 19:12:34:
In Reply to: Re: Broken pipes, mice and an unresponsive NYC landlord posted by dean on February 25, 1999 at 17:57:05:
"Out of state and more than 100 miles away" worked to allow a deposition instead of a live witness in my L&T case: it is a question to ask a lawyer: if they can't get 'personal jurisdiction' of you, they can't sue you.....
The reverse is why tenants moving out of state simply don't pay their last one or two months rent: landlords are notorious for not returning security deposits! & if you move to Alaska, how you gonna sue them for the security here in NYC?
: We are definitely moving more than 100 miles and the pipes actually are
: fixed--since we couldn't get ahold of our landlord, the super called a
: real plumber. If the landlord had responded, I'm sure that they would have
: sent one of their own "workmen"--one of the guys who made a mess out of the
: pipes in the first place (I have no idea if these guys have any sort of
: Does the 100 mile thing make any difference? Thanks for your advice.
: : OK: renting from coop-sponsor or other holder of unsold shares; lease ends 6/30; moving out-of-state (more than 100 miles?) mid-May; mouse holes & plumbing finally fixed (really? a Licensed Plumber this time?).
: : My suggestions: Keep the ball in your court:
: : Send them a registered return-receipt letter with all the details, including action you will take if they don't respond...etc: probably is a good sample here on Tenant.net or on Nolo.com
: : File a Small Claims action ASAP for $3000. Don't request a judge: use the mediator: your case might get heard before you leave town. see Small claims info on tenant.net for starters.
: : Sue them for rent abatement for months of mice... (how & where: I'm not sure: read the Housing Court section on Tenant.net: Coop subtenants are still TENANTS)
: : They might sue you for the Feb rent: it should be in Housing Court: get advice on your defenses & counterclaims before you file an answer; insist that the case get assigned to the special Coop-Condo Resolution Part: expect a quick settlement, if by then you have withheld more that your $3000.
: : If they do sue, or if you want them to: Don't pay any more rent: Feb & March will cover the $3000; how much security deposit do they have? don't expect them to send it to send after you move out-of-state. Search on 'security' or 'deposit' here on the message board for a better idea of what to expect.
: : Another consideration : letting them sue you might affect your credit rating & future rental references.
: : Of course: read as much as you can first then contact a Tenant Advocate or a lawyer thru the New York State Bar Assoc $25.00 referral service.
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