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  1. #1
    Join Date
    Aug 2011
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    2

    Default Can I Sue Landlord for Back Rent

    My question involves landlord-tenant law in the State of: New York, Village of Hempstead.

    I moved into a back yard shed turned apartment and was told by the landlord that she had gotten a permit. I lived in this small apartment with my daughter for 8 months. It had very small windows, Illegal plumbing, fuse box, bedroom, kitchen and had no foundation on the house. In fact it was a shed which she extended on both sides and front and back into a small half bedroom house. There was also only one entrance/exit. The landlord went up on my rent 90 dollars after the first 3 months of tenancy and gave me notice to move 3 days after I paid her her rent for the month of August. The building inspectors came by and told her that the whole place has to come down and hit her with 12 violations. turning a one family house into a two family house, no foundation, illegal plumbing, electrical, violating property lines, etc. She was very nasty toward myself and my daughter the whole time there. I also left her apartment very clean and still did not get back any of my security deposit. Can I sue her for all my rent back or atleast half of it for the 8 months I have been there?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Can I Sue Landlord for Back Rent

    You can attempt to sue for a rent abatement; if I were the judge I would likely grant one (although I can't promise what the judge in your case will do). If it were me I would sue for a 100% rent abatement (the return of all rent) on the basis that it was a dangerous, unpermitted, illegal rental, assuming that the judge is going to order less than I ask for. I believe your state limits recovery in small claims lawsuits to $5,000.

  3. #3
    Join Date
    Aug 2011
    Posts
    2

    Default Re: Can I Sue Landlord for Back Rent

    Thank you for the information. I did initiate a small claims suit for 5000. 4,910.00 for total rent paid and 90.00 as part of my secuity deposit. She can have the rest of the security. This has been a horrible experience for me. thanks again.

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