Hi everyone, hope this forum can give me some guidance, I have a very complex issue and need some advice as well as finding a good attorney. I will try to make this as short as possible.
In Feb, 2008 I signed at two year lease at 3400.00 per month with a person who I had been friends with long time. That was the first mistake. The house had been vacant for almost a year and had not been properly maintained. There were several things broken when we moved in but the biggest issue came in March of 2008 when the roof started leaking. It was not major but it was a problem. The landlord told me the roof was replaced 3 years ago. He had the company who replaced it come out and said it was going to run 5000 to repair. Being a nice guy since the leak was not horrible at the time I told him he could hold off for now since he was very cash strapped.
Fast forward two months, the leaks got much more severe and there were several of them. My infant son slipped on the wood floors several times but was not injured seriously. I would constanly call the landlord and he would say I am overreacting. Finally he agreed to do the repairs but the workers would only show up over the next 3 months sporadically. I would call and email him and he would keep making excuses. The property was virtually unhabitable and not safe especially at $3400.00 monthly rent.
In October of 2008 I retained a NY attorney who said we were going to pursue a constructive eviction if the repairs were not completed in a timely manner and I would withhold rent until they were completed. At this point the landlord agreed to release me from the lease with 30 days notice. I gave him 30 days notice but ended up having to stay one more month because the place we were moving to was not ready. At this point he wanted two months rent because I was applying the security deposit to last months rent because I knew his cash situation and would never see my security deposit.
We vacated an additional 30 days after we gave notice. I offered to pay him the month but he wanted both. At this point he served me with an eviction papers although I had vacated the house. We went to court and the judge got very upset with and through out the eviction case because he knew we had vacated however she left open the possibilty for him to file civily.
About 6 months passed and I now live in CT, I get a lawyer from a letter seeking about 40k, of the 40k about 30k is for damages to the property. We left the property in spotless shape better than we got it, had it professionally cleaned and patched and holes from pictures that were hung up. I have the pictures of the property after we left that shows is spotless. The other 10k is is legal fees for the eviction case that was thrown out, two months rent of which I only owe him one and a few other junk fees. I am sure what he is hoping for is to settle it for like 10 or 15k but I thruthfully feel I do not owe him anything for what we went through. Out of the 40k the only thing that is rightfully owed is the 3400 for one months rent.
Some other notes I want to add because I dont want to give every little detail but I feel are important.
1. Over the lease he lied numerous times, for example the company that he hired for the roof repairs were not licensed but he said and I have in writing that they are reccomended by the westchester department of consumer affairs yet they do not reccomend anyone.
2. Some of the reciepts he sent for damages are family members of his
3. He is billing me for new appliances yet I had in writing that he had a 10 year service agreement on all the appliances. I know this because they were never working from the begining.
4. I could go on, this guy is a jerk I would call him when water was coming in profusely and his response was to stop complaining and make me an offer meaning to buy the house.
5. After his so called repairs were done, I had an independent company inspect and they were not done properly and there were signs of mold. I also have pictures from a licensed company to back this up.
6. I could go on, there are so many lies and inconsistiences its not even funny.
Summary: most of our communcation was through email and I have almost every one OF THEM to back up his numerous lies.
The dillemma is since I now reside in CT, Ct will have jurisdiction over this case if it goes to court. I need to find a CT attorney who is very knowledgable about NY law and I have not had any luck. Right now I have a CT attorney on retainer who is just stalling the landlords attorney. I want to add the attorney representing the landlord is soley a collection attorney. The attorney representing me does landlord and tenant law however, he openly said he does not know NY law well. I am not settling this case for one dollar so at this point it is most likely this is going to go to trial or I will get served. The attorney representing the landlord is most likely on a contigency basis or a very small fee so he probably has very little to lose.
The landlord has put a huge emotional stress on my wife and two year old son and myself and I need someone who knows how to play hardball.
I had thought the issue was over because I did not hear anything for 6 months but its not. Advice and feedback appreciated. Also if someone knows a good attorney let me know. Thanks for reading.
In Feb, 2008 I signed at two year lease at 3400.00 per month with a person who I had been friends with long time. That was the first mistake. The house had been vacant for almost a year and had not been properly maintained. There were several things broken when we moved in but the biggest issue came in March of 2008 when the roof started leaking. It was not major but it was a problem. The landlord told me the roof was replaced 3 years ago. He had the company who replaced it come out and said it was going to run 5000 to repair. Being a nice guy since the leak was not horrible at the time I told him he could hold off for now since he was very cash strapped.
Fast forward two months, the leaks got much more severe and there were several of them. My infant son slipped on the wood floors several times but was not injured seriously. I would constanly call the landlord and he would say I am overreacting. Finally he agreed to do the repairs but the workers would only show up over the next 3 months sporadically. I would call and email him and he would keep making excuses. The property was virtually unhabitable and not safe especially at $3400.00 monthly rent.
In October of 2008 I retained a NY attorney who said we were going to pursue a constructive eviction if the repairs were not completed in a timely manner and I would withhold rent until they were completed. At this point the landlord agreed to release me from the lease with 30 days notice. I gave him 30 days notice but ended up having to stay one more month because the place we were moving to was not ready. At this point he wanted two months rent because I was applying the security deposit to last months rent because I knew his cash situation and would never see my security deposit.
We vacated an additional 30 days after we gave notice. I offered to pay him the month but he wanted both. At this point he served me with an eviction papers although I had vacated the house. We went to court and the judge got very upset with and through out the eviction case because he knew we had vacated however she left open the possibilty for him to file civily.
About 6 months passed and I now live in CT, I get a lawyer from a letter seeking about 40k, of the 40k about 30k is for damages to the property. We left the property in spotless shape better than we got it, had it professionally cleaned and patched and holes from pictures that were hung up. I have the pictures of the property after we left that shows is spotless. The other 10k is is legal fees for the eviction case that was thrown out, two months rent of which I only owe him one and a few other junk fees. I am sure what he is hoping for is to settle it for like 10 or 15k but I thruthfully feel I do not owe him anything for what we went through. Out of the 40k the only thing that is rightfully owed is the 3400 for one months rent.
Some other notes I want to add because I dont want to give every little detail but I feel are important.
1. Over the lease he lied numerous times, for example the company that he hired for the roof repairs were not licensed but he said and I have in writing that they are reccomended by the westchester department of consumer affairs yet they do not reccomend anyone.
2. Some of the reciepts he sent for damages are family members of his
3. He is billing me for new appliances yet I had in writing that he had a 10 year service agreement on all the appliances. I know this because they were never working from the begining.
4. I could go on, this guy is a jerk I would call him when water was coming in profusely and his response was to stop complaining and make me an offer meaning to buy the house.
5. After his so called repairs were done, I had an independent company inspect and they were not done properly and there were signs of mold. I also have pictures from a licensed company to back this up.
6. I could go on, there are so many lies and inconsistiences its not even funny.
Summary: most of our communcation was through email and I have almost every one OF THEM to back up his numerous lies.
The dillemma is since I now reside in CT, Ct will have jurisdiction over this case if it goes to court. I need to find a CT attorney who is very knowledgable about NY law and I have not had any luck. Right now I have a CT attorney on retainer who is just stalling the landlords attorney. I want to add the attorney representing the landlord is soley a collection attorney. The attorney representing me does landlord and tenant law however, he openly said he does not know NY law well. I am not settling this case for one dollar so at this point it is most likely this is going to go to trial or I will get served. The attorney representing the landlord is most likely on a contigency basis or a very small fee so he probably has very little to lose.
The landlord has put a huge emotional stress on my wife and two year old son and myself and I need someone who knows how to play hardball.
I had thought the issue was over because I did not hear anything for 6 months but its not. Advice and feedback appreciated. Also if someone knows a good attorney let me know. Thanks for reading.
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