heretic909 Posted February 8 Report Share Posted February 8 I live on the top floor of my bldg, and over a month ago my ceiling started leaking during the rain. I told my landlord and she still hasn't sent anyone to repair it. Then today after the snow it started leaking in the same place again. And when the water was dripping down, the splash from the drops shorted out my tv while I was out, and so my tv doesn't work anymore, plus there's parts of the ceiling hanging down now.Legally, am I justified in withholding a portion of my rent to cover the cost of the tv? And I've been complaining to her about not having a working intercom for the last five months, and she still hasn't had that fixed yet either.Being that I've lived in this apt for over three years and have never been late with my rent, I was wondering what my rights were or if there's a site I can find out for myself. I'm not on a lease right now since it was only a one year lease when I moved in, so I don't know if that would have anything to do with it or not either.So yeah, any advice would be appreciated... and come to FunHouse at Shelter tonite! I'll be spinning rotating sets on the second and third floor. (cheap plug) Quote Link to comment Share on other sites More sharing options...
LavenderMenace Posted February 8 Report Share Posted February 8 First of all, what kind of building is it? how many units? cause that makes a big difference. YOu should definitely call the housing board if she's not getting the leak fixed. they'll come in and do a whole inspection of the place and legally force her to fix everything that isnt up to code. most of the time when people get the notice that they're getting an inspection the get everything fixed right quick cause they dont want legal troublethey have a website.... i'll look for it. Quote Link to comment Share on other sites More sharing options...
heretic909 Posted February 8 Author Report Share Posted February 8 It's only three floors with five units plus a bodega downstairs.I'm mainly wondering if I can withhold a couple hundred from rent next month so I can get a new tv since this one is busted now as a result of the leak that she said she was going to have fixed over a month ago. Quote Link to comment Share on other sites More sharing options...
LavenderMenace Posted February 8 Report Share Posted February 8 You can withhold rent if the there are code violations. the TV thing seems more like a small claims court issue. but look on here: http://www.oag.state.ny.us/realestate/tenants_rights_guide.htmlread the part about "Warrant of Habitabilty" Quote Link to comment Share on other sites More sharing options...
cwa Posted February 8 Report Share Posted February 8 i say withold the money and let them sue you for it. or else you have to wait forever to sue them. Quote Link to comment Share on other sites More sharing options...
JonStephen Posted February 8 Report Share Posted February 8 Aiight.....I'm going through a similar situation right now.......You can completely not pay for however many months they withheld for security deposit and you need no excuse or justification of it. Now, if something happened like what happened with you, you can withhold rent for an even longer period of time and not be forced to leave.I have had problems with my appartment that I dont really wanna get into cause its gross and I'm currently looking for another one in Astoria, but I havn't paid this months rent and I wont pay next months or the month after if needs be. Talk to any lawyer or even anyone in law school for that matter and they will tell you the same. Quote Link to comment Share on other sites More sharing options...
ghhhhhost Posted February 8 Report Share Posted February 8 Originally posted by LavenderMenace You can withhold rent if the there are code violations. the TV thing seems more like a small claims court issue. but look on here: http://www.oag.state.ny.us/realestate/tenants_rights_guide.htmlread the part about "Warrant of Habitabilty" under the warrant of habitability he has the right to withold rent only if its authorized and the rent must be put into an escrow account.. "generally the tenant may withold an amount equal to the amount by which the defect rendering the premises unlivable reduces the property's rental value."i dont think his situation would hold under the warrant of habitability ...but he definitely has a right to repairs.u can repair and deduct ...its commonly used but then again ud b puttin out more money from ur pocket. and im not sure how u could get the tv in there...but ur entitled to do it because ur landlord knows about the problem and its his responsibility.. Quote Link to comment Share on other sites More sharing options...
heretic909 Posted February 8 Author Report Share Posted February 8 Thanks guys. I wonder if I can get the tv repaired and then show my landlord the receipt and have it deducted from rent or not?I also read the thing about the intercoms on that link you posted. Now I understand why she hasn't bothered repairing mine in the last five months. There's only five units in this bldg and that site said "if there are eight or more apts in the bldg"NYC landlords are the scum of this failing planet Quote Link to comment Share on other sites More sharing options...
LavenderMenace Posted February 8 Report Share Posted February 8 yeah, the number of units in the building makes a big difference. If its 3 or less youre basically screwed. What borough are you in? If youre in brooklyn I suggest you contact these people http://www.fifthave.org/ they ROCK. Its a non profit org, that deals with housing issues.they're very helpful Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.