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Im confused, I lived in an apartment Upstate NY. I had no hot water for 3 weeks. I informed the landlord 3 days oafter moving in and continually called them about it and within 3 weeks they finally got around to fixing it. I had a broken stove in the kitchen for 2 weeks they finally replaced. A hole in the wall they never replaced until i moved out 5 months later, a hole in the kitchen window, and a chip in the living room window. I had to break the lease due to relocating for work 2 hrs away. I moved out January 12th. I also moved out becuase of 2 inchesof septic sewage underneath my apartment that they didnt clean out for 2 weeks that i constantly informed them about. i took photos and videos of everything. I assisted placing an adto find a tenant and agreed to leave my secruity deposit for them even though there were no damages. They were fine with this. Yesterday. The 27th. I recieved a phone call from them asking if i was going to be paying Febs rent. Confunsed i responded with i thought we agreed with the secruity deposit being left to them. The LL flippedout saying there taking me to court. Then they hung up. I called code enforcement because there is still feces in the basement below my apartment. The LL then called me back apologizing being all nice again..explaining how frustarting the other tenants in the bulding are being...asked for Febs rent again...stating there going to have someone Move in in a week, there paying Rent and deposit... and that i will get my deposit back. Im getting my confused now. I stated you can just keep my deposit. They flipped again saying were going to court. I said ok fine, just know that theres still feces in the basement i have pictures of that from when we first discussed it months ago, i have recent pictures dates and times that its still there, i havepictures of the hole in the wall and broken windows of prior to me moving into the aparmtent. They lashed at me saying that i put them there. I had witnesses prior to me moving in when i took these pictures of the apartment. This is getting out of hand i just want to livemy life. I feel this LL is trying to get money and I dont know. Does anyone have advice or has anyone been in this situation before?? Thanks alot in advance.
My advice is to ignore it and see if he sues you. I very much doubt he will and that he's just blowing hot air in an effort to intimidate you. If he calls you again, don't get into a conversation with him, just tell him to contact you in writing. I really wouldn't worry about it. Good luck.
asked for Febs rent again...stating there going to have someone Move in in a week, there paying Rent and deposit... and that i will get my deposit back. Im getting my confused now. I stated you can just keep my deposit. They flipped again saying were going to court.
My take? It sounds like the landlord is now regretting letting you use the deposit to cover the rent. He didn't have to allow you to do that, and while he may have been fine with it when you first discussed it, now that the new month is actually rolling around, he may be regretting it?
And if his other tenants are causing him problems - he might be trying anything to get some rent money in right now - even if it means coming after you, even though he made a deal with you.
Hopefully the new tenants will move into your old unit soon, and he'll get rent money from them - and he'll stop coming after you.
I agree, wait and see if he sues you. Don't pay him anything more at this time. Put your previous conversations in writing in a letter sent to him by certified return receipt mail. State in it that he agreed to your moving out because the apartment was not habitable, citing the no hot water, broken stove, sewage leaks under the apartment, etc. Mention that you have photos, documentation and witnesses to all of these problems. This creates a paper trail document that substantiates your position should he try to sue you later.
Meanwhile you should file complaints against the landlord with the Department of Health and Code Inspectors. That will give him something else to keep him busy and make it less likely he will follow up with you.
Is this NJ? That totally sounds like my old LL. He was insane. I swore he was bipoloar. One min we would be fine, then that night he would call about some issue and blow up.
I agree. Don't pay him any more money. If you need to, send a certified letter to him stating why you are refusing to pay him, make sure to clearly mention all your conversations on the subject. This way in court (if he takes you, these days alot of people say that to scare other people into paying them) you'd have all the proper documentation in order.
before a suit if filed, they will send you a demand for payment letter explaining what you owe, and giving you so many days to pay up of they will then file. Wait until the demand letter comes and see what it says...
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