My landlord is taking me to court. It is a holdover case. I have not paid my landlord rent in 4 months due to the fact he is in breach of my habitability rights. In the petition papers that I received, he says that he suing me for not paying rent for a year and a half. This is false information and I have the receipts to prove it. Can the judge dismiss the case based on the landlord false information?
I have talked to the landlord on the phone and in person regarding the issues months before I stopped paying him rent. Everytime I would speak to him, he would tell me he can't get involved because he doesn't live on the premises and said I just have to keep calling the police. I even sent him a certified letter regarding these issues. No photo
The judge might find in your favor if you can prove that the landlord has provided false information. Now, I'm not a NY attorney but you're going to want to check your state's laws on tenant remedies regarding habitability concerns. Some states do not allow you just to withhold rent -- there are procedures you must follow to enforce habitability concerns. With that being said, landlords also cannot retaliate when being advised of habitability issues.
DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.
You're going to need an attorney to represent you in this matter. If you can establish that the landlord has made false statements in his papers, that's not going to help him. However, if you've not paid rent in 4 months, that's not going to help you. not knowing what the issue was and why police were involved, it's impossible to say whether you're talking about issues that would really go to the habitability of the premises. Good luck.
I may be guessing or not licensed in your state. No atty/client relationship exists.
Landlord / Tenant Lawyer
Dear Garden City Tenant:
There are limited methods for a tenant to establish a "lie" in the petition. The tenant may make a motion to dismiss. Within the "motion papers" the tenant may assert by affidavit and exhibits evidence that the landlord made false claims in the petition.
The tenant may also contest the allegations of the petition in a written answer, and proceed to a trial.
In both instances the landlord must be able to overcome the proof offered by the tenant.
But at the start of the issue you presented, what manner of holdover proceeding did the landlord bring based on a claim that the tenant did not pay rent? A landlord may maintain a holdover proceeding based on a claim of a lease default and termination of the tenancy, on a claim of lease expiration and holding over, on a claim of nuisance and objectionable conduct and on a claim of termination of tenancy. How did the landlord claim the reason for the holdover proceeding?
The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.