Confused...

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LAP78

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I have lived in the same apartment for the past 6 years. The apartment below me has gone through numerous tenants - a mix of drug dealers, alcoholics, nuisances, etc.

My landlord would always complain about the tenants she had in the apartment, so when the apartment became available - I recommended that a friend of mine move in. The landlord was thrilled.

My friend signed her lease this past January. She discussed with the landlord that she would not be able to make her payment by the 5th of every month because of the way her pay schedule was - the landlord said that was fine. The landlord also agreed to keep the gas and electric in her name until my friend was able to afford the security deposit to transfer them into hers, with the agreement to make payments to the landlord on the utilities.

Once my friend moved in, there was a strong smell of gas throughout the apartment. She notified the landlord, and the landlord came over, checked out the furnace and said nothing was wrong. My friend, still not convinced, had her own repairman come and look at the furnace to check things out. He recommended that she contact the gas company and have them look because there was definitely a leak somewhere. In the meantime, she received a bill from the landlord for $300.

Long story short, the gas company came out, red-tagged the furnace twice before the landlord would replace it. Once they did, the landlord called my friend and told her that she was an unruly tenant and causing problems. And that because of her, they had to fork out money to replace a furnace that didn't need replaced.

They went back and forth, the mother got involved, and then the landlord began pressuring her to get the utilities in her name asap.

The bill went up to $750 over a 2 month period, and my friend has been making payments on it as she can. She has been on time with her rent every month, and on 5/19, received a letter from the landlord stating that:

"I don't want someone like you living in my building. You have done whatever you want in my building. You owe 320.95 for the gas bill and I want my money this month."

Since getting the utilities in her name, the gas went down to $61/mo after getting the furnace replaced.

Today, there was posted to her front door a notice from the Magistrate RECOVERY OF REAL PROPERTY HEARING NOTICE. It states that the plantiff alleges that the location of the real property is____and then it says POSSESSION OF APT. with an amount of $320.95.

Is there a case here since she is filing a complaint for the payment on the gas bill that is still in the landlord's name? There was no written agreement between the landlord and tenant of a payment arrangement. Everything has been verbal.
 
Always always get things in writing. She has no proof and fact she owes money is not in question here. You on the other hand should remove yourself from this issue as quickly as possible
 
I agree with always getting things in writing. I am not involved in the situation - I have no plans on talking to the landlord. I am however trying to find information for my friend.

It is in question whether or not she owes money because she received a complaint from the District Magistrate's office stating that she owes $320.95 for a gas bill that was in the landlord's name. Her mother is now stating that she shouldn't have to pay it because of the inoperable furnace causing the high gas bill.

My question is, what proof does she need to take to court with her to appeal this?
 
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