some questions about court

[zas107]

First off here is my situation. I am currently leasing a townhouse that is supposed to provide free high speed internet access. They have not provided the service and it is explicitly stated in the lease agreement. We had a lawyer compose a letter which was sent to the owners and the property managers stating that we would get high speed internet through a provider and then deduct that cost from the rent until service is provided. They then sent the first rent check back and stated we needed to pay the full amount. I contacted the property manager through email and she responded saying it was an error and that we should send it back to her. Now four months later we got notification that we owe the missing amount plus about 700 dollars in late fees. We were also told the reason that the internet is not working is because they had turned it off since we werent paying the full rent. We know this is a lie since it has worked periodically, but the network crashes due to limited bandwidth. In fact it is supposedly turned off now but was working through there service for about an hour last night. Anyway I would like to take them to small claims court, but am unsure of whether or not we would win, or if we need a lawyer. I have the email the property manager sent me, the reciepts from the certified mail, a copy of that letter, plus the lease agreement as well as an add that said they provide free high speed internet. Being a college student internet connection is important and was one of my deciding factors into signing the lease. If anyone could offer any sort of information here, I would appreciate it. I was also wondering one more thing. My normal electric bill is about 60 dollars. The heater went out in our apartment and was running constantly to keep the pipes above freezing. IT was still heating, just very inneficiently. So we were using more electricity, then my housing people brought in space heaters and said they needed to be plugged in which used more electricity. Our last electric bill was about 650 dollars. THat isnt even our fault. Is there any chance of getting partial compensation in court for that?? Thankyou in advance.

 

[Michael Wechsler]

If providing free high speed internet access is part of the 'covenants' or promises contianed within your lease, then you could likely purchase it elsewhere and reduce the cost of it from your rent. You will probably want to note this with each payment, attach a copy of the bill, and make sure you send at least one notice, certified return receipt, of the situation and why you are doing what you describe. What is the landlord going to say when in court if he/she should choose that route? That you didn't pay for services not rendered? He/she will look the fool and you will likely be able to bring up all the other problems with the apartment and countersue for breach of the lease and reduction in the rent. Their credibility will be suspect right from the start. I think that your attorney probably knew what he was doing.

I would also send a letter, certified return receipt, about their refusal to take care of the heating problem as well as perhaps reporting this to your local public housing authority if they continue this practice. You might be able to go to small claims court for the heating or you can further reduce the rent by the amount you estimate is for lack of proper heating.

While there is always a risk involved in this practice, much of this is common sense. It would be ridiculous for a landlord to spend money on an attorney and go to court on a claim that they cannot win. I have found many times that they will use intimidation tactics with tenants because the tenants are not as well aware of their rights. I would definitely speak to your local public housing agency and they can give you the best advice with regard to your jurisdiciton.

Originally posted by zas107
First off here is my situation. I am currently leasing a townhouse that is supposed to provide free high speed internet access. They have not provided the service and it is explicitly stated in the lease agreement. We had a lawyer compose a letter which was sent to the owners and the property managers stating that we would get high speed internet through a provider and then deduct that cost from the rent until service is provided. They then sent the first rent check back and stated we needed to pay the full amount. I contacted the property manager through email and she responded saying it was an error and that we should send it back to her. Now four months later we got notification that we owe the missing amount plus about 700 dollars in late fees. We were also told the reason that the internet is not working is because they had turned it off since we werent paying the full rent. We know this is a lie since it has worked periodically, but the network crashes due to limited bandwidth. In fact it is supposedly turned off now but was working through there service for about an hour last night. Anyway I would like to take them to small claims court, but am unsure of whether or not we would win, or if we need a lawyer. I have the email the property manager sent me, the reciepts from the certified mail, a copy of that letter, plus the lease agreement as well as an add that said they provide free high speed internet. Being a college student internet connection is important and was one of my deciding factors into signing the lease. If anyone could offer any sort of information here, I would appreciate it. I was also wondering one more thing. My normal electric bill is about 60 dollars. The heater went out in our apartment and was running constantly to keep the pipes above freezing. IT was still heating, just very inneficiently. So we were using more electricity, then my housing people brought in space heaters and said they needed to be plugged in which used more electricity. Our last electric bill was about 650 dollars. THat isnt even our fault. Is there any chance of getting partial compensation in court for that?? Thankyou in advance.