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Do you think i have a chance to win this court case??


Our ex landlord is suing us for breaking the lease. We left because we brought our preemie home (after being in the hospital for 3 months) and there was no electricity. My daughter had an apnea (to check breathing) monitor that needed to be plugged in at all times. We did break the contract but we were told by the police to leave because of course if anything happenes to her it would be our fault. Now shes suing us? what do you think? Can we counter sue? ALso i have all documentation from dr's and all as proof. Let me know. Thanks.

utilities were included in the rent. she hadn't payed i guess for a long time. so another tennant ended up turning it on and called us and said we have electricity but have to pay them for it. BUT again if its included its the landlords responsibility right>?? also its in NYC

You have an excellent case if, as the second answerer suggested, it was not your fault there was no electricity. I answered because I wanted to remind you that people lose these cases because they do not know how to present a court case. You could have a counterclaim for abuse of process or breach of warranty of habitability against the landlord. Try your best to find an attorney who can at least advise you of what and how to win this case. Try calling your state bar to see if they have a lawyer referral service. My city also has a landlord-tenant hotline. Another possible source is a clinical program if you live near a law school. Too many folks lose these cases because they don't know how to present their evidence. Good luck to you.

If you can document that the electricity was her responsibility (should be in the lease) and that it was turned off (the utility company can provide this) you should be able to beat her suit, plus countersue for "constructive eviction". You don't even need the baby's medical condition for that, but by all means bring it up.

You will win in court. She breached the lease first. I would counter sue for part of your rent. You were paying her for the utilities. I went through this and got 50 percent of my rent back for the moths the landlord didn't pay the utilities. I would also charge her for moving expenses and raise in rent if your new place is more. I won all this in court no problem.

Whose faulty was it that there was electricity? That will help determine the outcome.
Since electricity was included and you have it in writing then she the landlord does not have a leg to stand. Make sure you take all paperwork,agreements and statements to court with you. Good luck!!!

the police told you to leave
if anything she should be sueing them

should be a slam dunk for you ... but i would definitely talk to a lawyer!

Are you concerned about the baby or the landlord?

You didn't say why there was no electricity. So...it's not your landlord's problem if you didn't pay the electric bill. You could also be charged if you had electric heat and the pipes froze and caused damage because of not paying the bill. Was the landlord able to rent the apartment when you moved out? If you don't pay your bills, it isn't the landlords responsibility. You entered into a contract with her to pay $$ each month and you are required to pay her that each month. If you couldn't pay your bills, you should have contacted the electric co. They would not have shut your power off because of the baby. They also would have worked with you to make payment arrangements. Where did you move to? Where is your husband and why didn't he pay the bill?

If the landlord was responsible for the heat, you will have a few good reasons to sue. Then you could contact a lawyer.

A lease is a binding agreement. I've seen people get out of it if the home was broken into. You may be responsible for breaking the lease as it was no fault of the landlord's. I'm sorry if this is not what you'd like to hear. You may not have to pay the full amount that you are being sued for, but you may be responsible for partial loss.
You would have to countersue on the grounds of some sort of neglect, wrongful discrimination or some wrong that the landlord has caused including hardship.
Be prepared to present your case and take all documentation. Remember, no hearsay.

YOU are entitled to move out WITHOUT having to pay (you can win) IF you can prove that the landlord did not pay the bills. Remember, it is YOUR responsiblity to prove this, not theirs. Bring ALL documentation to prove that what you are saying is correct and yes, you may countersue for damages. I strongly urge you to prove your case and win as not to damage your reputation.

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