There has been lead in the water and dangerous repairs were outstanding. I gave the property management 3 written requests to fix the outstanding dangers and then asked for their legal counsel so I may place a months rent in escrow. I withheld one month and the following month my rent was auto paid. They then blocked my ability to pay on line leading to a second month,, which I also, wrote to property management and requested they open my on line account so I could pay. To date (3 months later) we still do not have repairs completed. and I received a warrant to vacate!! I have a little girl this is crazy I practically begged them to fix the water and let me pay my rent -- WHAT DO I DO?? no one will rent to me with this on my record!!
2 Answers from Attorneys
I am concerned about the warrant of removal. You should have received summons and complaint to appear in Landlord Tenant court first where these issues could have been raised, first. Assuming that you did not get served, there would be a basis to vacate.
I have not read your lease but generally a residential lease contains language that prohibits you from offsetting the cost of repairs against rent or withholding the payment of rent for repairs not performed by Landlord. This is why you were served. You could challenge the landlord but you would need to spend money to do that (experts and legal fees). Since the Landlord has not made the repairs and the problem persists and presents a danger to you and your little girl the most cost effective and safest course of action for you is to move out and find another place to live that is safe for both or all of you. Quite possibly there are facts and circumstances of which I am unaware; in that event you may call my office to discuss. Keith Singer, Esq. 732-749-3700