<html><head><meta http-equiv="content-type" content="text/html; charset=utf-8"></head><body style="word-wrap: break-word; -webkit-nbsp-mode: space; -webkit-line-break: after-white-space; color: rgb(0, 0, 0); font-size: 14px; font-family: Calibri, sans-serif;"><div><div>Dear all,</div><div><br></div><div>I have a tenant whose rent is $2,000.00/month. She moved in April 1, 2015. Premises REALLY need work, did when she moved in. In fact, as some work was being done, a city inspector came in (workman let him in) and tagged the house as an unsafe structure (that violation is still open). Many things substandard. Landlord and tenant were friends and Tenant moved in with promises from Landlord to repair — in fact, the LL was intending to rehab the house anyway and plans to move in in the future, so my client wasn’t concerned. </div><div><br></div><div>Tenant paid each month. When tenant mailed August rent, she sent it with a letter stating that she knows the engineer is not repsonding and that the LL should have found someone else to do the paperwork for the permits. She lists things that are making her tenancy “extremely uncomfortable” and says she is actively looking for another place to live (there is no written lease and it is not clear if if was a true month-to-month or a 1-yr verbal lease or a month-to-month with a max of being there 1 year, but this is not an issue about which I write). The letter also states she is paying $1,000.00 rent until the conditions improve, which she thinks is fair (note that a judge, after seeing pics may very well think that $1,000.00 is quite generous). My client wrote the letter not knowing of the statute and sent the letter with the check for the reduced rent ($1,000.00) . That is, my client did not wait the statutory time before withholding part of the rent. </div><div><br></div><div>My client again paid $1,000.00 for September rent. For this and other reasons, the two women are no longer friends and the LL now demands all her rent and threatens to begin eviction this week if she doesn’t receive it.</div><div><br></div><div>Although my client’s letter did not cite the statute nor state that the LL had 7 days to repair, I believe it contains the essential elements: it’s in writing, it specifies the non-compliance, and it indicates my clients intent to reduce the rent until the conditions are acceptable. If anyone thinks that this letter wouldn’t hold up as written, pls let me know!</div><div><br></div><div>The issue is, in addition to whether this letter is statutorily sufficient, is that my client withheld part of the rent before the 7 days (plus the mailing days) elapsed — letter was mailed with the reduced rent. I can’t find case law on the effect of simultaneous withholding.</div><div><br></div><div> I would like to think a court would agree that the letter is sufficient but that the right to withhold did not accure until after the 7 days (plus mailing) elapsed and that therfore my client is liable for the full rent until the date on which the rent could be adjusted downward (12 days after mailing), in an amount determined by the court. Or perhaps just adjust September rent since the notice was not given 7 days before the August rent was due. I would NOT want the court to find there is no right at all for my client to withhold at any time after that letter (would be strange outcome to me as the statutory intent is to put the LL on notice — but I have seen strange outcomes). Does anyone have a case on this or any experience with this issue? Opions? Suggestions?</div><div><br></div><div>Should I send another 7-day notice tomorrow on my client’s behalf with language that a 7-day notice was already delivered and my client is entitled to a rent adjustment as of X date but that this notice serves to start the clock in the event the court finds the first notice (my client’s letter) defective? If I should, I would need to get it out ASAP before my client is served a 3-day notice!</div><div><br></div><div>Would love input!!</div><div><br></div><div>Thank you</div><div><br></div><div>Gioia</div><div><br></div><div><br></div><div><br></div><font face="Verdana" size="-1"><span class="SectionBody"><div class="Subsection"><div class="Paragraph"><span xml:space="preserve" class="Text Intro Justify"><br></span></div></div></span></font><div><div><div><img src="cid:5438DBB8-7B26-418C-AE96-7F7BDA935E7E" type="image/png"></div><div><span style="font-family: Arial, sans-serif; font-size: 10px;"><br></span></div><div><span style="font-family: Arial, sans-serif; font-size: 10px;">This e-mail transmission and any documents, files or previous e-mail messages attached to it, are confidential and are protected by the attorney-client privilege and/or work product doctrine. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any review, disclosure, copying, dissemination, distribution or use of any of the information contained in, or attached to this e-mail transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify me by forwarding this e-mail to </span><a href="mailto:Info@dvllclegal.com" style="font-family: Arial, sans-serif; font-size: 10px;">Info@dvllclegal.com</a><span style="font-family: Arial, sans-serif; font-size: 10px;">, or by telephone at (845) 321-0242 and then delete the message and its attachments from your computer.</span></div></div><br></div></div><div><br></div><span id="OLK_SRC_BODY_SECTION"><div style="font-family:Calibri; font-size:11pt; text-align:left; color:black; BORDER-BOTTOM: medium none; BORDER-LEFT: medium none; PADDING-BOTTOM: 0in; PADDING-LEFT: 0in; PADDING-RIGHT: 0in; BORDER-TOP: #b5c4df 1pt solid; BORDER-RIGHT: medium none; PADDING-TOP: 3pt"><br></div></span><style><!--
/* Font Definitions */
@font-face
{font-family:Calibri;
panose-1:2 15 5 2 2 2 4 3 2 4;}
@font-face
{font-family:Tahoma;
panose-1:2 11 6 4 3 5 4 4 2 4;}
@font-face
{font-family:Consolas;
panose-1:2 11 6 9 2 2 4 3 2 4;}
@font-face
{font-family:Verdana;
panose-1:2 11 6 4 3 5 4 4 2 4;}
@font-face
{font-family:Georgia;
panose-1:2 4 5 2 5 4 5 2 3 3;}
/* Style Definitions */
p.MsoNormal, li.MsoNormal, div.MsoNormal
{margin:0in;
margin-bottom:.0001pt;
font-size:12.0pt;
font-family:"Times New Roman","serif";}
a:link, span.MsoHyperlink
{mso-style-priority:99;
color:blue;
text-decoration:underline;}
a:visited, span.MsoHyperlinkFollowed
{mso-style-priority:99;
color:purple;
text-decoration:underline;}
p.MsoAcetate, li.MsoAcetate, div.MsoAcetate
{mso-style-priority:99;
mso-style-link:"Balloon Text Char";
margin:0in;
margin-bottom:.0001pt;
font-size:8.0pt;
font-family:"Tahoma","sans-serif";}
span.BalloonTextChar
{mso-style-name:"Balloon Text Char";
mso-style-priority:99;
mso-style-link:"Balloon Text";
font-family:"Tahoma","sans-serif";}
span.EmailStyle19
{mso-style-type:personal;
font-family:"Calibri","sans-serif";
color:#1F497D;}
span.EmailStyle20
{mso-style-type:personal;
font-family:"Georgia","serif";
color:#000F2E;
font-weight:bold;
font-style:normal;}
span.EmailStyle21
{mso-style-type:personal;
font-family:"Calibri","sans-serif";
color:#1F497D;}
span.EmailStyle23
{mso-style-type:personal-reply;
font-family:"Calibri","sans-serif";
color:#1F497D;}
.MsoChpDefault
{mso-style-type:export-only;
font-size:10.0pt;}
@page WordSection1
{size:8.5in 11.0in;
margin:1.0in 1.0in 1.0in 1.0in;}
div.WordSection1
{page:WordSection1;}
--></style></body></html>