No Heat/No A/C

[joydarlene]

What is the name of your state? NJ

Moved into a condo unit May 2006. Informed landlord in June 2006 that combo heating/ac unit not working. Technicians said that 1) the units were incorrectly installed and 2) they were not powerful enough (units are 8000 btu where 12000 btu needed) Landlord in Florida; gave us the runaround "they're trying" until we stopped paying rent in December 2006. So we had no air-conditioning all summer. Landlord didn't correctly install units til January 07, but since the units are the wrong size, we have still had no heat.

Building complex has a subcontract with HVAC company which supplies the correct heating/AC units - Landlord instead had independent contractor select and supply units (on the cheap).

Landlord now suing us for nonpayment of rent. We sent certified mail with return receipt to landlord informing them we were withholding rent (1/15/07) and again on 3/28/07 enclosing rent for month of April. Our lease was for a year May 06 - May 07 but landlords have not communicated with us since Feb. 07.

So, no heat and no ac and now we're going to court. What should we expect?

[Zigner]

Did you follow the correct procedures in your state for withholding rent?

[joydarlene]

Of course.

We gave them 7 months (more than enough reasonable time to make repairs).

We sent the landlord a certified letter informing them we were withholding the rent until they repaired the heat.

The landlord, who had kept in almost constant contact giving us the runaround, now has not communicated with us at all.

Landlord did hire two more independent contractors to correctly install the units, but since they are the wrong size, wrong power, there is no heat at all if the temperature falls below 40 degrees. The unit just kicks out cool air.

NJ has rent withholding/rent abatement statutes.

So what should we expect?

[Zigner]

Now, you will have to deposit the amount rent that was withheld in to an escrow account with the courts and you will have to prove your case in court.

[joydarlene]

The landlord (husband) showed up in jeans and a jersey sucking on a lollipop; we wore suits and carried a file full of letters, photos, receipts of certified mail deliveries, etc.

We had a sympathetic judge who intimated that we should take the rent money that we withheld and move. The landlords actually wanted a judgment of possession (8 days) and nearly $8000 in back rent...they got to keep the security deposit, we gave them another $500 ($2400 in total) and we got a lease extension of 15 days.

The landlords obviously ignored the 30 days notice of not renewing the lease, so when he told us he was moving back in the unit (b/c he didn't want to fix the heat/AC) he was informed by his counsel that it wouldn't be before 5/16/07.

We have until the middle of next month to vacate the apartment so we are EXTREMELY RELIEVED with the way things ended, especially since we may move into a different unit in the same building...The new unit is much nicer than the old one and we'll have landlords as opposed to slumlords.

We don't believe the landlord is moving back into the unit - we think they'll just sell it, since there's going to be a lot of new construction outside of all the windows in the unit. Either way, settling was much better than going back to court to sue the landlords for "overpayment of rent".

We just wanted it over; they already had the deposit and we didn't really want to end this on a hostile note - so the $500 was almost painless, especially since we didn't have to pay the $7600 they were expecting to get.