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I've been living in an apartment in New York for over a year. The door
to the terrace is very leaky, providing a huge draft in cold weather
and allowing snow to actually pile on the carpet when we have a storm.
What are the legal ramifications of repairing the door and replacing
the carpet and deducting these from the rent? How would I go about it
and not run into problems with my landlord? The property manager was
informed of these issues at the latest 10 months ago and we were told
that all doors in all apartments with terraces would be replaced. There
has since been no notice of any repairs to be made. With an expectant
wife I really would like my apartment to be warm at all times and the
indoor temperature not subject to the whims of the weather. How would I
go about making repairs and not violating any landlord/tenant laws?
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In article <lshc21ln37qie15ugjla6g2d31amg7bti5@4ax.com>,
nyclawstar <ryan.joshua@gmail.com> wrote:
I've been living in an apartment in New York for over a year. The door
to the terrace is very leaky, providing a huge draft in cold weather
and allowing snow to actually pile on the carpet when we have a storm.
What are the legal ramifications of repairing the door and replacing
the carpet and deducting these from the rent? How would I go about it
and not run into problems with my landlord? The property manager was
informed of these issues at the latest 10 months ago and we were told
that all doors in all apartments with terraces would be replaced. There
has since been no notice of any repairs to be made.
Look up "repair and deduct". The rule was (probably still is) that
after reasonable notice and no action, you could spend up to one
month's rent per year repairing the apartment and deduct that amount
from your rent.
There are no guarantees this won't cause problems with your landlord.
Seth
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I've been living in an apartment in New York for over a year. The door
to the terrace is very leaky, providing a huge draft in cold weather
and allowing snow to actually pile on the carpet when we have a storm.
What are the legal ramifications of repairing the door and replacing
the carpet and deducting these from the rent? How would I go about it
and not run into problems with my landlord? The property manager was
informed of these issues at the latest 10 months ago and we were told
that all doors in all apartments with terraces would be replaced. There
has since been no notice of any repairs to be made. With an expectant
wife I really would like my apartment to be warm at all times and the
indoor temperature not subject to the whims of the weather. How would I
go about making repairs and not violating any landlord/tenant laws?
The first thing you should do is to read the lease agreement carefully for
any provisions that might cover this situation and post them here if you
don't understand them. There may also be provisions in the local codes and
laws regarding this situation. You should make sure and obtain, read, and
understand the lease agreement provisions and any such local laws that may
apply, especially if there are specific procedures you must use for seeking
remedies.
I would not try to deduct the cost of repairs without exhausting all other
remedies first. This is not likely to be accepted by your landlord unless
they agree in advance, and could have dire consequences such as eviction
notices, ruining of your credit rating, etc.
Since you have not heard anything for at least 10 months, common sense
suggests that you contact the property management and reiterate the need to
have this fixed and that your wife is expecting a baby. If you don't get
satisfaction, then I would consider contacting whomever the property manager
reports to, up to and including the owner, before I proceeded with any legal
remedies (including reduction in rent).
But you might also consider (or ask the apartment management to consider)
some inexpensive weather-stripping for the door jam until permanent repairs
are made. Should cost between $5 - $10 if you install it yourself.
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nyclawstar wrote:
I've been living in an apartment in New York for over a year. The door
to the terrace is very leaky, providing a huge draft in cold weather
and allowing snow to actually pile on the carpet when we have a storm.
What are the legal ramifications of repairing the door and replacing
the carpet and deducting these from the rent? How would I go about it
and not run into problems with my landlord? The property manager was
informed of these issues at the latest 10 months ago and we were told
that all doors in all apartments with terraces would be replaced. There
has since been no notice of any repairs to be made. With an expectant
wife I really would like my apartment to be warm at all times and the
indoor temperature not subject to the whims of the weather. How would I
go about making repairs and not violating any landlord/tenant laws?
I'm not familiar with NY law, but in some states, you could,
after giving the landlord 15-30 days notice, replace the door and
deduct the amount from your rent. The carpet isn't part of your
lease agreement, is it? If not, you could only deduct that from
the rent if the floor was unsafe, and you replaced the carper as
part of repairing the floor. Having a door which keeps out the snow
might be considered part of the "implied contract of habitibility".
--
This account is subject to a persistent MS Blaster and SWEN attack.
I think I've got the problem resolved, but, if you E-mail me
and it bounces, a second try might work.
However, please reply in newsgroup.
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In article <lshc21ln37qie15ugjla6g2d31amg7bti5@4ax.com>,
nyclawstar <ryan.joshua@gmail.com> wrote:
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