Legal Question in Landlord & Tenant Law in New York

Landlord send summons.

Hi, I am bieng sued by my previouse landlord. The problem is they trying to get the money for the 6 months rent of the apartment which was empty after we moved out. The problem is we signed the lease which was experiering on Nov. 30th, and we mved out on January, but I gave them 55 days notice in writing with the reason for moving out and I tried to reason with them saying that we couldn't leave there anylonger because of the heating problem in the building, which they would never fix, because its very costly. To make this as short as possibile I am being sued by landlord for the 6 months rent that we owe when we moved out and until the apt. is rented. And on top of it we even gave them tenants who wanted our apt. and they refused them. Please if anybody can give me some legal advice on how to deal with it, it will be greatly appriciated.

Thank you,

--name removed--


Asked on 8/14/06, 9:52 am

2 Answers from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Landlord send summons.

You can use the reason of no heat as a defense to the proceeding. Do you have documentation which proves you gave the landlord notice of the problem?

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 8/14/06, 10:39 am
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Landlord send summons.

You must answer the lawsuit or when you appear in court you plead "constructive eviction" due to lack of heat AND counter sue for breach of the Warrant of Habitabiity (not suitable to live in due to no heat).

Problem I see is....if it was so bad for you, why/how would you place other tenants there?

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Answered on 8/14/06, 11:00 am


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