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NewLeaf2012
LIF Adult
Member since 1/11 2741 total posts
Name:
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Tenant rights?
Do I have any? We have been living in this place since October and the back part of the roof needs to be replaced. It is covered by a TARP!!! Been a mess for years according to the neighbors. The landlord told us in October that it would be fixed by March 1st 2012. It is now mid June and all we have heard is one excuse after another. The house has leaks all over! One big one in the living room. Part of the ceiling came down. Five in the family room. I just found a huge one tonight!!! It is bad. He keeps telling us that something has come up. We have been paying him the rent on time and he got a hefty deposit from us!! We are pretty much fed up with all of the lies!!!
Is there someone we can contact to help us out? It is getting dangerous in here and god only knows how much mold is up there.. I am allergic to mold and have been dying for months with chronic headaches and sinus infections. We have a toddler living here too. I have to stay awake all night to make sure the new leak in the family room doesn't get bad. Right now there are 2 HUGE water pockets on the beam going across the ceiling...
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Posted 6/13/12 2:39 AM  |
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Prudential Douglas Elliman Real Estate
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SusiBee
. . . . .
Member since 3/09 8268 total posts
Name:
S
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Re: Tenant rights?
Honestly, I'd find a new place to live and quick.
I would be more afraid of structural integrity than breaking a lease, assuming you have one.
So much damage as you described, violates the warranty of habitability.
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| Posted 6/13/12 1:51 PM |
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Re: Tenant rights?
If you know who their insurance carrier is I would contact them and tell them about it. They will send an inspector out who will give them 30-60 days to fix the issues or they will cancel the insurance.
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| Posted 6/13/12 4:46 PM |
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NewLeaf2012
LIF Adult
Member since 1/11 2741 total posts
Name:
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Re: Tenant rights?
Posted by SusiBee
Honestly, I'd find a new place to live and quick.
I would be more afraid of structural integrity than breaking a lease, assuming you have one.
So much damage as you described, violates the warranty of habitability.
We are a large family and it was hard enough getting this place!!! We have a lease. We are going to call the landlord tomorrow and tell him that it needs to be fixed now!
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| Posted 6/13/12 4:49 PM |
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NewLeaf2012
LIF Adult
Member since 1/11 2741 total posts
Name:
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Re: Tenant rights?
Posted by Bradley & Parker, Inc
If you know who their insurance carrier is I would contact them and tell them about it. They will send an inspector out who will give them 30-60 days to fix the issues or they will cancel the insurance.
How can I find that out? I doubt he is going to come right out and tell us... Thanks for the info
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| Posted 6/13/12 4:50 PM |
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Re: Tenant rights?
Posted by NewLeaf2012
Posted by Bradley & Parker, Inc
If you know who their insurance carrier is I would contact them and tell them about it. They will send an inspector out who will give them 30-60 days to fix the issues or they will cancel the insurance.
How can I find that out? I doubt he is going to come right out and tell us... Thanks for the info
Maybe just say to him that you are looking to get coverage for yourself so you want to know who he uses. There would be no other way to find out.
If he has a mtge he is required to have insurance, and they will def cancel him if he doesn't have the issues fixed. He should at least put claims in for them to see if they will get paid, if not it's on him.
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| Posted 6/13/12 4:55 PM |
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maymama
my little loves
Member since 8/08 18453 total posts
Name:
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Re: Tenant rights?
is it a legal lease?
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| Posted 6/13/12 4:58 PM |
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Faithx2
All good things in 2016!!
Member since 8/05 20181 total posts
Name:
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Re: Tenant rights?
You have more rights than the homeowner 
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| Posted 6/13/12 5:21 PM |
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NewLeaf2012
LIF Adult
Member since 1/11 2741 total posts
Name:
....
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Re: Tenant rights?
Posted by maymama
is it a legal lease?
Yes. We went through a real estate company and everything.
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| Posted 6/13/12 5:35 PM |
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NewLeaf2012
LIF Adult
Member since 1/11 2741 total posts
Name:
....
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Re: Tenant rights?
Posted by Bradley & Parker, Inc
Posted by NewLeaf2012
Posted by Bradley & Parker, Inc
If you know who their insurance carrier is I would contact them and tell them about it. They will send an inspector out who will give them 30-60 days to fix the issues or they will cancel the insurance.
How can I find that out? I doubt he is going to come right out and tell us... Thanks for the info
Maybe just say to him that you are looking to get coverage for yourself so you want to know who he uses. There would be no other way to find out.
If he has a mtge he is required to have insurance, and they will def cancel him if he doesn't have the issues fixed. He should at least put claims in for them to see if they will get paid, if not it's on him.
Thanks...
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| Posted 6/13/12 5:35 PM |
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Faithx2
All good things in 2016!!
Member since 8/05 20181 total posts
Name:
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Re: Tenant rights?
Posted by NewLeaf2012
Posted by maymama
is it a legal lease?
Yes. We went through a real estate company and everything.
Look up NY tenants rights. There is a clause in there about safety and repairs etc. I would report them!
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| Posted 6/13/12 7:13 PM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: Tenant rights?
Posted by OneOfEach
Posted by NewLeaf2012
Posted by maymama
is it a legal lease?
Yes. We went through a real estate company and everything.
Look up NY tenants rights. There is a clause in there about safety and repairs etc. I would report them!
It's called Warranty of Habitability. Google it, print a passage from it and show it to your landlord.
The OP may even have a Warranty of Habitability clause in the lease.
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| Posted 6/13/12 7:51 PM |
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lovemyfamily88
LIF Adolescent
Member since 5/10 641 total posts
Name:
????
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Re: Tenant rights?
I would stop paying rent until the problem is resolved. Send him a certified letter telling him you need the issue resolved ASAP and that its a safety issue. Keep copies of everything. If he still doesn't fix the roof take him to court.
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| Posted 6/13/12 7:55 PM |
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sameinitials
insert creative comment here
Member since 2/12 1998 total posts
Name:
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Re: Tenant rights?
Posted by ave1024
Posted by OneOfEach
Posted by NewLeaf2012
Posted by maymama
is it a legal lease?
Yes. We went through a real estate company and everything.
Look up NY tenants rights. There is a clause in there about safety and repairs etc. I would report them!
It's called Warranty of Habitability. Google it, print a passage from it and show it to your landlord.
The OP may even have a Warranty of Habitability clause in the lease.
there doesn't need to be a warranty of habitability clause in the lease, it's statutory.
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| Posted 6/13/12 8:23 PM |
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sameinitials
insert creative comment here
Member since 2/12 1998 total posts
Name:
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Re: Tenant rights?
Posted by lovemyfamily88
I would stop paying rent until the problem is resolved.
you can do this, but be aware that if he takes you to court for nonpayment of rent it becomes public record so it might be more difficult for you to find an apartment/house in the future.
plus, if he takes you to court and any money judgment is entered against you it goes on your credit report, etc
Message edited 6/13/2012 8:25:26 PM.
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| Posted 6/13/12 8:24 PM |
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pnbplus1
Family
Member since 5/09 5751 total posts
Name:
Mommy
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Re: Tenant rights?
Posted by sameinitials
Posted by lovemyfamily88
I would stop paying rent until the problem is resolved.
you can do this, but be aware that if he takes you to court for nonpayment of rent it becomes public record so it might be more difficult for you to find an apartment/house in the future.
plus, if he takes you to court and any money judgment is entered against you it goes on your credit report, etc
You can advise the landlord that you will stop paying him directly until the leaks are fixed BUT that you will be paying the rent and putting it in ESCROW. This way you won't/can't get taken to court for non-payment bc you can prove that you have been depositing the rent into an esccrow acct.
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| Posted 6/13/12 8:49 PM |
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sameinitials
insert creative comment here
Member since 2/12 1998 total posts
Name:
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Re: Tenant rights?
Posted by pnbplus1
Posted by sameinitials
Posted by lovemyfamily88
I would stop paying rent until the problem is resolved.
you can do this, but be aware that if he takes you to court for nonpayment of rent it becomes public record so it might be more difficult for you to find an apartment/house in the future.
plus, if he takes you to court and any money judgment is entered against you it goes on your credit report, etc
You can advise the landlord that you will stop paying him directly until the leaks are fixed BUT that you will be paying the rent and putting it in ESCROW. This way you won't/can't get taken to court for non-payment bc you can prove that you have been depositing the rent into an esccrow acct.
this isn't true at all... a tenant can definitely get taken to court for not paying rent, even if it is in escrow. the fact that it is in escrow can just be used to prove the tenant's defense of repairs as the reason for not paying rent, but a landlord can still take the tenant to court.
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| Posted 6/13/12 8:58 PM |
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MrsS1976
LIF Adolescent
Member since 5/11 534 total posts
Name:
M
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Re: Tenant rights?
You have more rights than the homeowner...lol. That is true. I am a LL and make sure my lease is airtight on habitability issues...you certainly have recourse.
I wound post your question on the Landlord/Tenant boards at LPA
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| Posted 6/13/12 9:59 PM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: Tenant rights?
Posted by sameinitials
Posted by ave1024
Posted by OneOfEach
Posted by NewLeaf2012
Posted by maymama
is it a legal lease?
Yes. We went through a real estate company and everything.
Look up NY tenants rights. There is a clause in there about safety and repairs etc. I would report them!
It's called Warranty of Habitability. Google it, print a passage from it and show it to your landlord.
The OP may even have a Warranty of Habitability clause in the lease.
there doesn't need to be a warranty of habitability clause in the lease, it's statutory.
I know that. I was just sayIng that I have seen some leases that talk about it. There are still state laws regarding warranty of habitability that apply regardless of what the lease says.
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| Posted 6/13/12 10:44 PM |
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NoStressMom
My Heart and Soul
Member since 5/05 11122 total posts
Name:
D
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Re: Tenant rights?
so sorry you are dealing with this dead beat landlord!!! Start looking for another house! It doesn't seem like he is going to fix this issue!! Does he pick up the rent for you or do you mail it? Has he seen the damage?
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| Posted 6/14/12 10:01 AM |
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LSP2005
Bunny kisses are so cute!
Member since 5/05 19461 total posts
Name:
L
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Re: Tenant rights?
http://www.lawny.org/index.php/housing-self-help-141/housing-and-eviction-self-help-142/24-landlord-wont-make-repairs
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| Posted 6/14/12 11:39 AM |
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pnbplus1
Family
Member since 5/09 5751 total posts
Name:
Mommy
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Re: Tenant rights?
Posted by sameinitials
Posted by pnbplus1
Posted by sameinitials
Posted by lovemyfamily88
I would stop paying rent until the problem is resolved.
you can do this, but be aware that if he takes you to court for nonpayment of rent it becomes public record so it might be more difficult for you to find an apartment/house in the future.
plus, if he takes you to court and any money judgment is entered against you it goes on your credit report, etc
You can advise the landlord that you will stop paying him directly until the leaks are fixed BUT that you will be paying the rent and putting it in ESCROW. This way you won't/can't get taken to court for non-payment bc you can prove that you have been depositing the rent into an esccrow acct.
this isn't true at all... a tenant can definitely get taken to court for not paying rent, even if it is in escrow. the fact that it is in escrow can just be used to prove the tenant's defense of repairs as the reason for not paying rent, but a landlord can still take the tenant to court.
Exactly, as long as the escrow can be used to prove the defense of repairs as the reason for not paying the landlord directly there's no problem. If the landlord, who knows the rent is being put in escrow, chooses to go to court over non-payment, he/she would be an idiot as the tenant can then prove defense of repairs and show proof through pictures, certified letters, call log, etc which will then result in a ruling in tenant's favor.
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| Posted 6/14/12 2:30 PM |
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sameinitials
insert creative comment here
Member since 2/12 1998 total posts
Name:
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Re: Tenant rights?
Posted by pnbplus1
Posted by sameinitials
Posted by pnbplus1
Posted by sameinitials
Posted by lovemyfamily88
I would stop paying rent until the problem is resolved.
you can do this, but be aware that if he takes you to court for nonpayment of rent it becomes public record so it might be more difficult for you to find an apartment/house in the future.
plus, if he takes you to court and any money judgment is entered against you it goes on your credit report, etc
You can advise the landlord that you will stop paying him directly until the leaks are fixed BUT that you will be paying the rent and putting it in ESCROW. This way you won't/can't get taken to court for non-payment bc you can prove that you have been depositing the rent into an esccrow acct.
this isn't true at all... a tenant can definitely get taken to court for not paying rent, even if it is in escrow. the fact that it is in escrow can just be used to prove the tenant's defense of repairs as the reason for not paying rent, but a landlord can still take the tenant to court.
Exactly, as long as the escrow can be used to prove the defense of repairs as the reason for not paying the landlord directly there's no problem. If the landlord, who knows the rent is being put in escrow, chooses to go to court over non-payment, he/she would be an idiot as the tenant can then prove defense of repairs and show proof through pictures, certified letters, call log, etc which will then result in a ruling in tenant's favor.
sorry, that still isn't true. first, the tenant would still be on record for having been taken to housing court. second, just because rent is put into escrow doesn't mean that the tenant can prove his or her case, and doesn't mean that the judge will find that the tenant was entitled to not pay her rent to the landlord, which can in theory result in a money judgment against the tenant, and in some cases the tenant might have to pay the landlord's legal fees. i'm not saying that the OP here *shouldn't* do it, i'm just saying that there are inherent risks to it that she should know about before doing it.
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| Posted 6/14/12 3:11 PM |
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lovemyfamily88
LIF Adolescent
Member since 5/10 641 total posts
Name:
????
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Re: Tenant rights?
Posted by pnbplus1
Posted by sameinitials
Posted by pnbplus1
Posted by sameinitials
Posted by lovemyfamily88
I would stop paying rent until the problem is resolved.
you can do this, but be aware that if he takes you to court for nonpayment of rent it becomes public record so it might be more difficult for you to find an apartment/house in the future.
plus, if he takes you to court and any money judgment is entered against you it goes on your credit report, etc
You can advise the landlord that you will stop paying him directly until the leaks are fixed BUT that you will be paying the rent and putting it in ESCROW. This way you won't/can't get taken to court for non-payment bc you can prove that you have been depositing the rent into an esccrow acct.
this isn't true at all... a tenant can definitely get taken to court for not paying rent, even if it is in escrow. the fact that it is in escrow can just be used to prove the tenant's defense of repairs as the reason for not paying rent, but a landlord can still take the tenant to court.
Exactly, as long as the escrow can be used to prove the defense of repairs as the reason for not paying the landlord directly there's no problem. If the landlord, who knows the rent is being put in escrow, chooses to go to court over non-payment, he/she would be an idiot as the tenant can then prove defense of repairs and show proof through pictures, certified letters, call log, etc which will then result in a ruling in tenant's favor.
ITA.
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| Posted 6/14/12 3:32 PM |
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