Legal Question in Real Estate Law in New York
Eviction Notice
I havent paid my landlord rent for the past 2 mths because i have her in court for some violations and repairs that she refused to do to my apartment. She was ordered by the court to make the repairs, instead she slaps me with an evictin notice giving me 30 days to move out of the premises. How do i buy more time?? and how to i go around it so that i wont have to pay her the 2mths rent that i owe her??
2 Answers from Attorneys
Re: Eviction Notice
The unpaid rent should be held in abeyance
by you until the repairs are made, and then
paid to the landlord.
If the court is to forgive any of the rent
it probably would have done so at the time
it ordered the repairs. Sounds like it
didn't, so you probably will have to pay
if the repairs are made.
Even if the court wishes to forgive some
of the rent, I have never seen a court,
in 27 years, forgive all of it unless
you have already moved out because the
conditions are that bad
A failure to pay action will still be defeated
by the lack of repairs
A simple notice to quit and terminate a month
to month is probably a loser for you. The Court
probably won't find this to be retaliatory,
although it can be raised.
Re: Eviction Notice
Your landlord has violated the warantee of habitibility in all New York leases.
Do not vacate your apartment. Go to the proceedings for the eviction, and explain the situation to the judge. Bring along documentation and pictures. Your landlords actions are improper.
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