Can my landlord sue me and/or put a lien on my assets for unpaid rent,if he refused to make repairs?

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Can my landlord sue me and/or put a lien on my assets for unpaid rent,if he refused to make repairs?

We rented an apartment from this guy and after 2 or 3 weeks of moving in we noticed all these problems that were brought to his attention: a leak in the kitchen ceiling that is now growing mold over numerous tiles, water damage in the bathroom on the ceilingl, a flea infestation, flies (which we were unable to get rid of on our own no matter what we did), spiders, numersous holes in the ceiling and tape over holes in the wall. None of which were caused by us. We refused to pay him rent until the problems were fixed? Can he sue for the rent?

Asked on July 30, 2011 New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

On most states there are laws that allow a tenant to make repairs to a rented unit after the problems are broight to the landlord's attention and the landlord fails to make the required repairs. The tenant then deducts the repairs made from the amount of the next month rent and pays the landord the difference.

You apparently refused to pay the entire rent over a dispute with the landlord over the conditions of the property you are renting. Your landlord could very well serve you with a three day notice to pay or quit over the circumstances you have described. If he files suit against you and obtains a judgment, he could levy upon your assets to satisfy the judgment.

You might consider meeting with your local landlord tenant clinic about your situation.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

On most states there are laws that allow a tenant to make repairs to a rented unit after the problems are broight to the landlord's attention and the landlord fails to make the required repairs. The tenant then deducts the repairs made from the amount of the next month rent and pays the landord the difference.

You apparently refused to pay the entire rent over a dispute with the landlord over the conditions of the property you are renting. Your landlord could very well serve you with a three day notice to pay or quit over the circumstances you have described. If he files suit against you and obtains a judgment, he could levy upon your assets to satisfy the judgment.

You might consider meeting with your local landlord tenant clinic about your situation.


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