Countersue when being sued?

[mikez]

What is the name of your state? NY
I am being sued for 1795$ for April and May rent of 2006. My court date is may 3rd. I am going to pledge my case as harrassment and discountuing services in my apartment (heat). Should i countersue for the same amount plus court costs? or should i just sue for court costs. Im not trying to win any money here, just cover the court costs.
In the village where i am being sued it says i have 5 days to present a counterclaim and today (monday) is the last day. any advice would be greatly appreciated!!

 

[BelizeBreeze]

What is the name of your state? NY
I am being sued for 1795$ for April and May rent of 2006. My court date is may 3rd. I am going to pledge my case as harrassment and discountuing services in my apartment (heat). Should i countersue for the same amount plus court costs? or should i just sue for court costs. Im not trying to win any money here, just cover the court costs.
In the village where i am being sued it says i have 5 days to present a counterclaim and today (monday) is the last day. any advice would be greatly appreciated!!

On what theory of law do you believe you have a countersuit for the exact same amount?

 

[mikez]

i dont really have any reason to. All the landlord has done to me is harassed me, made living conditions hostile by entering my apartment whenever he feels like it and discountinuing heat. I guess if i could prove my heat situation to the judge i probably could but im looking to have the judge just drop everything and be done with it.

 

[BizMan]

Are you saying they shut your heat off in retaliation for not being able to pay your rent?

 

[BL]

http://www.oag.state.ny.us/realestate/tenants_rights_guide.html

If you can prove the LL cut your heat off illegally , and you file the countersuit as directed , the court will decide . Just request any and all compensation under the Laws of New York State .

 

[mikez]

BizMan,

He shut our heat off because we were complaining that it wasn't sufficent according to new york state law which says that it has to be 68 degrees in winter months during the day. He harassed myself and my roomates on many occasions telling us to the get the hell out of the apartment if we do not like it. He verbally threatened us with eviction if we continue to complain about the heat. We complied with his wishes to move out and now he is suing me for April and May(which did not even come yet) rent.
Note: He has our security deposit still.

 

[BL]

BizMan,

He shut our heat off because we were complaining that it wasn't sufficent according to new york state law which says that it has to be 68 degrees in winter months during the day. He harassed myself and my roomates on many occasions telling us to the get the hell out of the apartment if we do not like it. He verbally threatened us with eviction if we continue to complain about the heat. We complied with his wishes to move out and now he is suing me for April and May(which did not even come yet) rent.
Note: He has our security deposit still.

NOW , do you have any written comunications , RRR CERTIFIED MAIL , complaints to 911 , Etc , Documentations , evidence from utility Co. , complaints ?

I said prove it .

 

[BizMan]

We complied with his wishes to move out and now he is suing me for April and May(which did not even come yet) rent.
Note: He has our security deposit still.

I think that if you move out before the lease expires you are still responsible for the current month and then 30 days beyond that. But then again you might not be responsible if you can prove he harrassed you to the point where he made your living situation unbearable... but proof is the key.

Would you happen to know of any former or current residents of the apartments brave enough to be a witness for you?

Otherwise, the best you can do is show up and explain your side. Maybe the guy will admit what he did or get caught in a lie.