Hello!
The facts...
Petition for non-payment arrived Wednesday with inaccurate amount owed. I can prove this with cancelled checks and receipts.
I answered today with a General Denial claiming that the petition was defective and that the rent claimed on the petition has been paid. Also, I counterclaimed due to breach of warranty due to LL's failure to provide repairs and services. (No painting since 97 and no gas for 37 days this past summer. Falling plaster and broken tiles throughout the place and mice, mice, mice!)
There is a minor (less than one month's rent) arrears remaining.
Should I pay the remaining arrears prior to the court date? If so, will the judge toss the case?
I would prefer the case NOT be tossed out so that I can get the apartment painted and the repairs made. I've learned from other tenants that unless the court forces the LL to make repairs, he'll do nothing. We have an 84 year-old woman in the building with no heat. She's one of many. I feel compelled to fight on behalf of the "little guys" everywhere. If the Red Sox can do it...
Any thoughts? Pay up? Wait for the judge?
Many thanks.
P.S. I saved today's glue trap surprise and am considering taking her to court with me as proof of infestation. 18 mice in the last 6 weeks! I'm counting (and naming) them. Should I take Little Susie with me?