I understand via a previous posting that my landlord actually broke the lease agreement by not enforcing our "quiet rule" However my fear is that I will be told/given a bill that states i must pay the remaining 2 mos on my lease + 200$ (2300 total)
I am wiling to go to small claims court to not have to pay this. Do i stand a chance of not paying when i have not "written" to the landlord EVERY time this rule was broken? I have a track record on my calendar from Oct 11' on. Also, i have a previous office employee and several other witnesses to the noise that are willing to give affidavit's/ stand up in court and testify how often this occurred, and that i was making multiple weekly calls/msgs to management?
Real Estate Attorney
If the landlord breached and you gave proper notice under the lease and the breach was not cured, you may have a defense to the enforcment of the remainer of you lease, if I understand your question. The landlord will have to overcome your defenses in any action to sue you for the rent. But most landlords just turn over unpaid bills to collection agencies and it will be the collectors job to find a way to collect the money and then go to court if a viable claim can be made and then your defenses will come into play.
Only If and until you and I sign an Agreement for Legal Services, I am not your attorney. These answers are provided for informational and/or novelty purposes