notice to evict, i think..

[bogel1]

i have been dealing with my slum lord since i moved into his dump in Nov..i wrote letters for repairs..cracked windows, horrible mice and roaches,no locks on windows, trash in yard, non-working stove, no receipts for cash payments..etc. etc, but he said i was crazy and wouldn't fix them
i have been with holding rent because he refuses to fix these problems..i reported him to the housing dept,and he turned off our electricity in retaliation and i had to call the police(for the second time)..he threatens, etc..he has now 23 violations with the hpd, & only two have been fixed..even the people in apt downstairs have complained to the housing dept..
here is the deal..today i get a notice to pay rent(2 months) in 5 days on my door..it is signed by him, but the spot where an "agent" signs is blank..also it is dated the 7th and today is the 10th..it says i am justly indebted..required to pay on or before 5 days or surrender possesion, in default of which, ll will commence summary proceedings..i am freaking out because i thought i had him by the balls with this warranty of habitability and such...what do i do?

[Chimera]

Whenever you take legal matters into your own hands you are putting yourself at a risk. You should never withhold rent without being ordered to do so by a judge. The landlord will take you to housing court in order to evict you, and you must broach your 'warranty of habitability' issues with the judge at that time. I hope you have all of your back rent saved up, becuase the judge can order you to pay it all up front at which time he sees fit.

<small>[ April 11, 2003, 12:19 AM: Message edited by: Chimera ]</small>

[bogel1]

i withheld because i read that i could do so on the housing dept website...
"If a landlord breaches the warranty, the tenant may sue for a rent reduction. The tenant may also withhold rent, but in response, the landlord may sue the tenant for nonpayment of rent. In such a case, the tenant may countersue for breach of the warranty."

[Cranky Tenant]

True. If you continue to withhold rent the Landlord will eventually bring a non-payment suit against you in housing court.

At that point you will have the option to petition for a city inspection . If there are demonstrable violations the court may grant you a rent abatement.

It's particularly important to document everything. Inform the landlord of any repairs needed and send it certified mail, with delivery confirmation ,and keep a copy for your records. Take plenty of photos of everything that needs to be repaired. If you can get a copy of police reports that may also help your case.

The judge can order you to pay your rent, either to the landlord or to the court, so don't spend it like it's found money.

<small>[ April 11, 2003, 01:26 AM: Message edited by: Cranky Tenant ]</small>

[TenantNet]

Cranky is more correct than Chimera. You do not need to wait to be ordered to withhold rent. That wouldn't happen anyway. Tenants withhold rent in order to precipitate a non-payment case, at which time (as Cranky said) you can interpose your defense of breach of WofH. Yes it's a risk and chances are that even if you get an abatement, it won't be for the full amount of the rent. After all, this is about forcing the LL to make repairs, right? Do the research in our court section as to how to handle a housing case. In the alternative you can bring a HP Action in Housing Court without withholding rent and get the court to order various repairs. But yes, you will need documentation: diary, photos, affidavits from others, etc. - anything that supports your case.

[Cranky Tenant]

Agreed. Regardless of how bad the place may be, the LL is likely to argue that you still had the use of the space, so even if you do get an abatement, you'll probably have to pay at least some of the rent.

It's always better to be prepared for the worst. Make sure you have the full amount just in case the judge orders you to pay the rent in full.