Q: Regarding quiet enjoyment of my apartment. I have proof of complaints that a situation was ongoing for a year
I even called the police and have many witnesses who stayed over and several emails to management for a year period about the neighbors stomping and jumping upstairs all hours of the night. They have me in collections for two months rent. Because of their breach of the lease re quiet enjoyment are they entitled to this?
A: I am not sure what you mean by the term "in collections". The landlord is not permitted any self help actions. He must file a complaint with the court. If the Landlord is violating the covenant of quiet enjoyment, you still have to meet your obligation to pay the rent. However, you can pay it into an escrow account and not to the landlord. If the situation makes continued residence, you make declare unlawful eviction and move. When you moved in did you pay a security deposit. If so, did the Landlord Provide you with a statement as into which bank the money was deposited together with the account number. Was a certificate of habitability obtained by the landlord from the municipality before you move in as required by law? These are important issues for protection. Failure to comply with prevent the Landlord from having the court hear the case. However, if you receive notice from the court of a hearing date, you must attend to present your defenses.
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