Question
getting evicted in nys (sorry this is LONG in advance)?
ok so i have 2 children and fell behind in my rent well now i owe 710 to the landlord i DO have it but i refused to pay him rent we had a gas leak that temp. got fixed by the gas company but needed to get fixed within a month and well that was 2 months ago and still isnt fixed none of our doors lock and the doorknobs all come out the smoke detector never worked...anyway we had the town inspector come and inspect it and we have a reciept from him and the gas company about the leak...what do i do now if i pay him theres no gaurentee he will een let us stay here...but if i give it to him we have no money for another apt if he kicks us out anyway we have court in 3 days for eviction (just got served papers yesterday) i have 2 children and i do have the money to pay him what do i do if i pay him the money i owe him can he still kick us out? do we still have to go to court? if we get evicted how long do we have be4 we have to be out? and lastly what about him fixing this place up do you think we have a case against paying him? PS I LIVE IN NYS if that helps thank you all very much in advance i know this is long and tiring... again thank you
3 weeks ago - 3 answers
Best Answer
Chosen by Asker
Either way you will have to pay him. You will be evicted and have to leave in 5 days, but still owe him that money plus the court costs. You do not have any legal claims to living in his property for free, although the courts will make you pay them the money, and then give it to him after he complies if you are allowed to stay on the property and still want to drag it though court. Next time obtain a court order for a repair first, do not fantasize about taking the law your own hands and handling it the way you see fit.
by Janet P
3 weeks ago
Asker's Rating: 
Other Answers
Based on what you have said I would not pay this man and make sure you do go to court and take all the documents that you have because there are certain reasons that the court will find acceptable for not paying rent. I would also use the money you do have for another apartment because even if the judge does not evict you it does not sound like a good place to live. If the judge does find that you owe the rent money make a payment plan they will let you do this usually. Good luck
by B- 3 weeks ago
I agree. He legally has to keep the house habitable for you to live in- a gas leak not dealt with is probably a breach of the landlord's implied warranty of habitability. Don't pay him- you don't have to! However, I agree with the previous answer- find another place to live because all that is going to happen is this is going to get ugly.
by Amanda S- 3 weeks ago