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Infolawyer
Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 54246
Experience:  Licensed attorney helping individuals and businesses.
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a judge ordered the rent money to go to escrow until the rent

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a judge ordered the rent money to go to escrow until the rent amount has been legally established (apartment stabilization issue). Meanwhile the landlord started a construction that has rendered the apartment pretty much uninhabitable. can/should the lawyer ask the judge for some sort of the escrow abatement for the time of the construction?

thank you.

INFOLAWYER :

Hello and thank you for the question.

INFOLAWYER :

Reviewing it now

INFOLAWYER :

From these facts, yes

INFOLAWYER :

if this breach can be established, the court may well reduce the amount

INFOLAWYER :

practically the lawyer may not want to do the motion work for this reason

INFOLAWYER :

but there is sufficient grounds for it based on the construction work.

INFOLAWYER :

Is that clear?

Customer:

by breach you mean breach of habitability?

Customer:

i am not clear - why would not my lawyer want to do the motion?

INFOLAWYER :

Breach of warranty of habitability

INFOLAWYER :

correct

INFOLAWYER :

Lawyer should do the motion

INFOLAWYER :

I dont want to speculate why he is not doing so, but some lawyers dont want to spend the time on a motion given costs and time involved

INFOLAWYER :

You should speak your lawyer then to get him to do so.

INFOLAWYER :

lawyer should follow your instructions

INFOLAWYER :

Is the answer now clear?

Customer:

yep.

INFOLAWYER :

Excellent. Have a great weekend. Kindly click on a positive rating for the answer.

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