You must request the landlord to make the specific repairs together with the reasons why in writing. You should either deliver the letter to your landlord by hand-delivery or by certified mail, return receipt requested. Advise the landlord that no further rent shall be paid until all of the requested repairs are properly made.
If and when the landlord commences an eviction action for non-payment of rent, you can request the court to conduct a Marini hearing because the tenant alleges that the landlord has violated the warranty of habitability and therefore the tenant is entitled to a court-ordered reduction in rent. However, please understand that the court withe conduct the Marini hearing ONLY if the tenant posts the FULL amount of rent claimed due, excluding late fees, court costs and attorney's fees. if the tenant cannot post the full amount of rent due, the court will NOT conduct the Marini hearing.
MARC B. SCHRAM, P.C.
Answered on Nov 24th, 2012 at 10:31 AM