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3 Day notice to pay or quit/Now served date

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3 Day notice to pay or quit/Now served date

Postby PMazz115 » Sun May 09, 2010 5:42 am

I an disabled w/a reg. Service dog. I rented tis apt on 4-1-10. Trouble began right away,kids upstairs pounding on floor,dog scared. Thenn I discovered raw sewage being discharged into the yard's soil, like a broken lietchfield. Smelled like a sewer. I contacted the local health dept. they investigated and deemed this property a "Public Health Violation" I did make an agreement with the landlord that I'd leave the end of May,he'd keep the security for may and i'd go. Well, he renegged. I got a 3 day notice to pay or quit,I didn 't pay and yesterday I'm served w/a court date,he's seeking eviction plus May's rent. I did sign a 6 month lease,I assume he's gunna want the balance too. I'm told once I go to court,the judge can make me leave within 3 days, is that right? That not enough time,but i can leave and go elsewhere the end of the month. I'm thinking i'm going to ask the judge to find the lease null&void because the landlord knew he was discharging this sewage and I believe that directly goes to the degree of warranty of habitability..is this correct and will it work?
Thanks
PMazz115
 
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Location: Upstate NY

Postby queensborough » Sun May 09, 2010 7:37 am

If the health department deemed the property a public health violation I would imagine this would be taken into consideration. Do you have any type of documentation from the health department regarding what they found on the property?
queensborough
 
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