Legal Question in Civil Rights Law in New York
NYC housing
We were evicted by the landlord, and he asked for $5,000 compensation for months not paid. We went to court and the judge approved our leaving the $5,000 deposit given to the landlord as compensation for the funds he requested. Can he then sue us for the balance of the lease even though he evicted us?
Do we have a right in NYC to break a lease because heat was not provided in the apartment?
1 Answer from Attorneys
Re: NYC housing
There are various defenses, and claims, which a tenant may have ot validly offset any debt that may have been accumulated for rent on a case such as this...
the theory is called 'constructiv eviction' and the idea is that if you are not provided certain services then you are technically being evicted from your home due to the fact that it is in an 'unlivable' state... lack of heat, lack of wter, etc. all fall into this criteria.
I would suggest hiring an attorney to defend you in this case, as it would be a very negative thing to have any further debt than that alreay associated... also, this is somthing that should have been brought up with regards to the debt of the $5,000 which was claimed in court previously... depening on timing, you may not be able to assert that claim any longer...
feel free to contact my office for any further assistance with this case.
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