TENANTS RESPONSABILITY
I HAVE A LANDLORD WHO IS JUST PLAIN OUT MONEY HUNGRY..I PAY $1,800.00 A MONTH RENT. SINCE I HAVE MOVED IN THE PLAVCE ON 8/03 I HAVE PAID MY RENT ON TIME AND IN FULL AS I AM SUPPOSED TO. I ADVSED HER BACK WHEN I MOVED IN THAT THERE IS A BUG PROBLEM SHE HAS DONE NOTHING @ ALL TO ADDRESS THE PROBLEM! SO WHEN NOV/03 CAME I WTHHELD RHE $225.00 FOR THE EXTERMINATOR WITH A CONTRACT FOR 3 MONTHS AND WHEN I GAVE HER THE CHECK SHE REFUSED IT. DEC/03 CAME AND I GAVE HER THE CHECK FOR $1,800.00 AND IN THE MEANTIME SHE WENT TO HER ATTORNEY FOR EVICTION PROCEEDINGS AND ADVSED THE LAWER/COURTS THAT I DID NOT PAY HER NOV,DEC/03 RENT WHICH IS NOT TRUE ..THIS IS ENBARRESSING! THE LANDLORD DID EXCEPT THE DEC/03 CHECK EVEN WHILE THE EVICTION PROCEEDING WAS INITIATED. WHAT DO I DO? AM I WRONG FOR WHAT I HAVE DONE. THERE ARE SOOO MANY THINGS THAT NEED TO BE FIXED IN THIS APT AND SHE WILL NOT DO ANYTHING! COULD I SUE HER FOR LYING? SHE SAID I DID NOT PAY THE RENT..I DID SHE JUST DID NOT TAKE NOV/03 BUT SHE SURE TOOK DEC/03.WHAT COULD I DO. IF I CALL THE HEALTH DEPT ON HER AND SHE IS FINED COULD SHE STILL EVICT ME? PLEASE HELP ME IN NEW YORK.
I say move to Ohio. $1800/mth will buy you a large brick 4 bedroom, 2.5 bath house in a good neighborhood and no bugs for house guests.
Gosh, I'm no expert but I would move. From your post, it seems like the $225 bug problem is not the only problem but the apt needs other repairs. If you love the place and are wiling to do your own repairs, cough up the rest of the rent for Nov and stay. Just accept the fact that your landlord is a deadbeat and you will be fixing up the place.
In OH, landlords can not accept any money AFTER we have filed eviction. In my opinion, her eviction will probably be dismissed.
Your next telephone call should be to your attorney. Don't waste time posting on this board, because none of us can solve your problem.
A tenant's and landlord's rights and responsibilities are well defined by your local landlord-tenant laws. Your attorney is the only one who should be advising you now that you have been served.
For the future, please refrain from posting in all caps. It is difficult to read, and many will just ignore your post if it is not deleted first.