If a landlord broke a lease does the tenant sue in landlord/tenant court or small claims court?

Question

My landlord has in the lease a date by which repairs to my apartment were to be made. He broke that lease and I have not had use of one bathroom since September. NY limits small claims court to $3,000.00. Can I sue in landlord/tenant court for all my damages which is more than $3,000.00 because he broke the lease?

Answer 1

What damages are you seeking? You'll have to show that you actually incurred a monetary loss unless NY allows for mental anguish and such in small claims court.

There may be another route if the non-functioning bathroom is one required under the code due to square footage or floor plan.

Check this site for a wealth of info: http://www.megalaw.com/ny/top/nylandlord.php
And if you are in NYC check this site:
http://www.tenant.net/Other_Laws/HMC/hmctoc.html

Just be careful before you rush headlong into having an inspector come by and make sure that you don't have anything illegal like double barrel locks or padlocked fire gates and such as this will get written up as well and just adds ammo to your landlord who can take you to task for a tenant caused violation.
Happy reading and Good luck.

Answer 2

Use of one bathing room? Is there extra desirable than one? If there is, then you certainly have not any case, NO damages. you should use the different bathing room. and additionally you at the instant are not out of any money because of fact not having a 2d bathing room. how are you able to've $3,000 in damages? I specific desire whilst you're claiming money damages, you have some receipts. You cant sue for "soreness and suffering". you have a showering room, you at the instant are not suffering. a minimum of it extremely is how a choose here in MI might inspect it.