What is the name of your state (only U.S. law)? NEW YORK
Me and my roommates moved into what we thought was a beautiful apartment in Brooklyn on September 1, 2008. The landlords lived in the building. At first things were just strange. Our landlord's husband/boyfriend was also like the maintenance guy and he was regularly drunk. He wanted us to at all times call him "Captain" and that the apartment building was his "battleship." He seemed to be stuck in this navy life (which in reality took up 2 years of his life.)
FIRST- We had a friend staying with us for three days one week because she was in between places. She literally only had one bag with her. Because we had an extra room, we decided to see if it would be possible to add her to the lease. So we called the landlords (because there was a clause about no subleasing) to ask what they thought of the situation. They then proceeded to tell us that hey could evict us for breaking the sublease clause. We were no subleasing.. we clarified it to them and then they said that if we wanted her to move in, we would have to add $700 to our lease monthly!! We ended it. They also repremanded us for not taking her to the front door from our 4th floor apartment everytime she entered and left the premises.
SECOND- They harrassed us for small things such as hammering a small nail into the wall at 8pm. And again for not bring guests out.
THIRD- They refused to let us get our internet service because they said Time Warner guys cut the cables of their rivals and break the windows! Captain actually slammed the door in one cable guys face. That guy told me that he wouldnt come again bc he has dealt with him before.
FOURTH- I had a new mattress delivered and my boyfriend escorted the guys in. I then hear Captain yelling at me. I go downstairs to find one mattress delivery guy saying he isn't being allowed to leave the premises. The landlord won't let him. Captain goes on to yell about how he must be informed when furniture is delivered.
FIFTH- I met my neighbor outside. He told that he had moved in a month before us and had similar problems. His roommate decided to move out and left him so he was forced to try to find someone to move in. One prospective roommate was a good friend of his and had even met the landlords. She stayed over one night and he gave her his keys so she could lock up the apartment on her way out. The landlord saw her and took the keys away from her. My neighbor was standing outside that same night at 9pm trying to ring the landlords bell. They were home, but they were not answering. Two hours later he received his keys and a long talk with the landlord. He also started to notice that the landlord was entering his apartment when he wasn't there. In on instance, he actually heard Captain ask his wife for the keys to his apartment!! After this he decided to move out as well. The landlords wanted him to pay 4 months rent in order to move out. He agreed to pay one month and then negotiate afterwards. Nothing was signed. He is now being sued for $17,000.
SIXTH- We were receiving inadequate heat. Two bedrooms had no heat at all. The living room and the other bedroom had cracks in the windows so large (2in) that our curtains would actually rustle from the wind. We complained to them and they said for us to get thicker DRAPES and space heaters because they were giving us the required level of heat. They did nothing! We filed reports with HPD numerous times. We missed the inspector. Also we had bedbugs (as did our neighbor). We told the landlords we'd be happy to pay for our apartment to get exterminated if they would exterminate the rest of the building. If not, the bugs would be back into our place in a matter of months. They again did nothing, saying that their exterminator had had a heart attack and so could not perform.
SEVENTH- November 4, 2008. We decided to withhold our rent because of lack of services. That morning, we awoke to NO GAS, NO ELECTRICITY (we pay both ourselves. The landlord only covers heat and hot water) and no heat. We called her and she came up and the first thing she told us was "I thought you were calling about the rent money!" I explained to her our problem and she started screaming at us. We were silent. She said we could move out and keep our money. Captain then said that he would fix the problems by the end of the day and we should have the money ready tonight. We agreed. We came home that night to find NOTHING fixed. We told the landlord that we would take up her offer and leave. She said the offer was not on the table any longer. I sent her a certified letter the next day saying we would be out of her apartment by November 15.
EIGHTH- The landlord called mine and one of the my roommates work and spoke to our managers. She said that we had bedbugs running through our hair and that we would not allow them to come in to fix the problem. We both in restaurants. She even threatened to call a health code violation if we were allowed to work still. My roommate missed one work day because of this. Both our managers thought it was rediculous.
NINETH- November 7. We continued to have no electricity on this morning and the previous night. We called the cops. After speaking with them on the street for 10 mins, we saw Captain outside. Him and his wife began yelling at the cops. We led the cops upstairs and amazingly our electricity was back on.
TENTH- November 14. We moved out. The movers called us an hour after we were finished moving saying that the landlords had called their company saying that there was an IKEA delivery truck waiting outside and to please give them our new address so we could have our IKEA furniture. We ordered no such furniture. The movers refused to his them our information. Why would they not have called their tenants seeing as though they have our cells.
ENDING- We are now being taken to small claims court for $5000. We have 5 witnesses (our friend, our father, our managers, our previous neighbors and a written statement from the mover). We also have HPD records from the previous tenant in our apartment who also complained against no heat/hot water, pictures of the apartment and the broken windows, a police report from them calling our work, and a record of a previous small claims court against a tenant they had 10 years ago.)
So my questions:
1) Because each of us (3 roommates) received separate summons for $5000, does this mean that we are individually being sued for breaking the lease or is it joint?? We also received papers from Peoples Court which involved all three of our names.
2)Do we have a legitimate case to win??
3) ANY ADVICE AT ALL IS GREATLY APPRECIATED. We are young college students and we feel like they are trying to take advantage of us.
Me and my roommates moved into what we thought was a beautiful apartment in Brooklyn on September 1, 2008. The landlords lived in the building. At first things were just strange. Our landlord's husband/boyfriend was also like the maintenance guy and he was regularly drunk. He wanted us to at all times call him "Captain" and that the apartment building was his "battleship." He seemed to be stuck in this navy life (which in reality took up 2 years of his life.)
FIRST- We had a friend staying with us for three days one week because she was in between places. She literally only had one bag with her. Because we had an extra room, we decided to see if it would be possible to add her to the lease. So we called the landlords (because there was a clause about no subleasing) to ask what they thought of the situation. They then proceeded to tell us that hey could evict us for breaking the sublease clause. We were no subleasing.. we clarified it to them and then they said that if we wanted her to move in, we would have to add $700 to our lease monthly!! We ended it. They also repremanded us for not taking her to the front door from our 4th floor apartment everytime she entered and left the premises.
SECOND- They harrassed us for small things such as hammering a small nail into the wall at 8pm. And again for not bring guests out.
THIRD- They refused to let us get our internet service because they said Time Warner guys cut the cables of their rivals and break the windows! Captain actually slammed the door in one cable guys face. That guy told me that he wouldnt come again bc he has dealt with him before.
FOURTH- I had a new mattress delivered and my boyfriend escorted the guys in. I then hear Captain yelling at me. I go downstairs to find one mattress delivery guy saying he isn't being allowed to leave the premises. The landlord won't let him. Captain goes on to yell about how he must be informed when furniture is delivered.
FIFTH- I met my neighbor outside. He told that he had moved in a month before us and had similar problems. His roommate decided to move out and left him so he was forced to try to find someone to move in. One prospective roommate was a good friend of his and had even met the landlords. She stayed over one night and he gave her his keys so she could lock up the apartment on her way out. The landlord saw her and took the keys away from her. My neighbor was standing outside that same night at 9pm trying to ring the landlords bell. They were home, but they were not answering. Two hours later he received his keys and a long talk with the landlord. He also started to notice that the landlord was entering his apartment when he wasn't there. In on instance, he actually heard Captain ask his wife for the keys to his apartment!! After this he decided to move out as well. The landlords wanted him to pay 4 months rent in order to move out. He agreed to pay one month and then negotiate afterwards. Nothing was signed. He is now being sued for $17,000.
SIXTH- We were receiving inadequate heat. Two bedrooms had no heat at all. The living room and the other bedroom had cracks in the windows so large (2in) that our curtains would actually rustle from the wind. We complained to them and they said for us to get thicker DRAPES and space heaters because they were giving us the required level of heat. They did nothing! We filed reports with HPD numerous times. We missed the inspector. Also we had bedbugs (as did our neighbor). We told the landlords we'd be happy to pay for our apartment to get exterminated if they would exterminate the rest of the building. If not, the bugs would be back into our place in a matter of months. They again did nothing, saying that their exterminator had had a heart attack and so could not perform.
SEVENTH- November 4, 2008. We decided to withhold our rent because of lack of services. That morning, we awoke to NO GAS, NO ELECTRICITY (we pay both ourselves. The landlord only covers heat and hot water) and no heat. We called her and she came up and the first thing she told us was "I thought you were calling about the rent money!" I explained to her our problem and she started screaming at us. We were silent. She said we could move out and keep our money. Captain then said that he would fix the problems by the end of the day and we should have the money ready tonight. We agreed. We came home that night to find NOTHING fixed. We told the landlord that we would take up her offer and leave. She said the offer was not on the table any longer. I sent her a certified letter the next day saying we would be out of her apartment by November 15.
EIGHTH- The landlord called mine and one of the my roommates work and spoke to our managers. She said that we had bedbugs running through our hair and that we would not allow them to come in to fix the problem. We both in restaurants. She even threatened to call a health code violation if we were allowed to work still. My roommate missed one work day because of this. Both our managers thought it was rediculous.
NINETH- November 7. We continued to have no electricity on this morning and the previous night. We called the cops. After speaking with them on the street for 10 mins, we saw Captain outside. Him and his wife began yelling at the cops. We led the cops upstairs and amazingly our electricity was back on.
TENTH- November 14. We moved out. The movers called us an hour after we were finished moving saying that the landlords had called their company saying that there was an IKEA delivery truck waiting outside and to please give them our new address so we could have our IKEA furniture. We ordered no such furniture. The movers refused to his them our information. Why would they not have called their tenants seeing as though they have our cells.
ENDING- We are now being taken to small claims court for $5000. We have 5 witnesses (our friend, our father, our managers, our previous neighbors and a written statement from the mover). We also have HPD records from the previous tenant in our apartment who also complained against no heat/hot water, pictures of the apartment and the broken windows, a police report from them calling our work, and a record of a previous small claims court against a tenant they had 10 years ago.)
So my questions:
1) Because each of us (3 roommates) received separate summons for $5000, does this mean that we are individually being sued for breaking the lease or is it joint?? We also received papers from Peoples Court which involved all three of our names.
2)Do we have a legitimate case to win??
3) ANY ADVICE AT ALL IS GREATLY APPRECIATED. We are young college students and we feel like they are trying to take advantage of us.