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- Apartment has suffered significant water damage / leaking from a second-floor balcony above a bedroom (all same unit)
- Landlord's effort to remedy the damage have not been sufficient so far
- Apartment arguably uninhabitable / condition worsening
What are the Tenant's rights in this situation? Does one cease payment of rent?
Any advice greatly appreciated.
If LL is making repairs and trying to cure no cease payment of rent. He is attempting. LL could start non-payment.
I had a similar situation. I'm on 1st floor, pipe burst in a 3rd floor apt. 1st day water damage, 2nd day shelves on walls in kitchen, bathroom and living room fell off the walls to the ground and jUst when I thought the worst was over the ceiling in bathroom caved in. It took the LL a month to get someone in to fix so I sent next rent in minus 1 month rent for no bathroom plus cost of repairs/replacement damages. He sent it back with a note saying he wanted full rental Amt. or nothing. Additionally, I reported having bedbugs, they refused to treat til i became current with rent -& i found out thru my research that my apt is suppose to be rent stabilized And yhry were being shady cause most renters dont have that info and this particular LL thought he couldd take advantGe and jack up the rent on his own scheduke instead of thru the proper procedure long story short i had to get an attorney pay a large retainer to have counsel represent me cause they started eviction proceedings. They would post eviction notices w/ no envelope(7 of them) on my door for all those that enter and exit the bldg to see. In the meantime I had reported bed bugs but they refused to treat which in my is a health code violation and illegal. So I am spending many nights in hotels or friends which is annoying- but it's called a constructive eviction. I'm hopeful that justice will prevail and the penalty for over charge on a rent stabilized apt is 3 times the over charge. Ex: my rent legally should be 1000 but am paying 2000. Have done this for 2 years, that is 1000x24x3=72,000 plus attorneys fees, pain and suffering that these last 8-12 months this has been going on. I hope to report next that this nightmare of mine has a very happy and fruitful ending. Atleast One with no
you weren't getting enough attention with the other post?
Not the Op's doing, he posted twice on the original day 5 days ago (probably thinking the first didnt go thru and and mgm70 re-established this thread)
Tell me MGM, before you got to the first court date and saw a judge, did you withold any rent?
Or did you pay it or at least put it in escrow until you saw the judge?