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?

I understand that everyone who posts wants to help but please if you are going to post an answer stick to answering the question. I have owned rental property for over 20 years and used to own this building. I have plenty of proof and the only reason I have not gone to the local building department to screw the landlord is because a friend of mine is buying the building and I dont want to hurt him. The repairs will be made by him but right now I just want to file an action to be compensated for the time of the lease that the current landlord did not do repairs and we could not use one bathroom. I can and have represented myself before in court, I am very well spoken and much more informed than any lawyer who takes this case could ever be on this matter. I just don't know which court to file in. Small claims is easy. This is a broken contract and I want return of my damages. Landlord / Tenant could be because it involves building violations. Which Court should I file in?

Answer 1

File in small claims court.

Answer 2

Use of ONE bathroom? Is there more than one? If there is, then you have NO case, NO damages. You can use the other bathroom. And you are not out of any money because not having a second bathroom. How can you have $3,000 in damages? I sure hope if you are claiming money damages, you have some receipts. You cant sue for "pain and suffering". You have a bathroom, you are not suffering. At least that is how a judge here in MI would look at it.

Answer 3

In the good old USA you can sue anybody for anything all you need is some paper, ink and the filing fee. Now proving your allegations are a whole different matter since the law is tricky and the judge might of had a bad night the night before your trial and you remind him of it. In any event before you make a decision to sue and get an attorney you need to know that each state allows for use of magistrate/small claims court and or District Court when wanting to file a law suit but each is very different from the other. So as to help you determine what your chances are here is some information from your state. Take the facts as you know them and apply them to what the law says
LAWS: http://public.leginfo.state.ny.us/menugetf.cgi
Consumer Law Help manuals: http://www.consumer.state.ny.us./clahm/start.htm
Consumer Protection Board: http://www.consumer.state.ny.us./
Rent Control Act: http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS
Local emergency rent control act: http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS
Small claim court information: http://www.courts.state.ny.us/courts/nyc/smallclaims/index.shtml STATE’S WEB SITE: http://www.state.ny.us/
LANDLORD TENANT ACT MANUALS:
http://www.consumer.state.ny.us/clahm/clahm-landlords.htm
NY Attorney General and other research for other states offices
http://www.oag.state.ny.us/links/links.html
Locate all local government web sites: http://www.nysegov.com/citguide.cfm?context=citguide&content=munibyalpha
Finally if you decide to sue get a lawyer; it's like; I would not want my barber to give me a needed operation. To get a legal begal go here
State bar Association: http://www.nysba.org/
Buena Suerte

Additional Details
Stick to Magistrate Court most District Courts frown on pro se litigants, I've been in the business since the 70s and Im an expert real estate witness in District Court. You'll have more lineancy in Magistrate Court.

Answer 4

If it is more than the 3000 dollar limit of small claims court, get a lawyer and go to the propper court. In small claims, you must represent yourself. No lawyers are allowed. Good Luck!