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generally negligent landlord

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generally negligent landlord

Postby snowden » Fri Jan 31, 2003 10:39 pm

I live in a small apartment, in a four unit building, since I have lived here there have been many problems, major leaks, power problems, construction that never gets finished, etc...
The landlord never responds to these issues in anything approaching a timely manner.

recently i received a copy of a notice of disconnection from con ed, that was sent to all the tenants in the building because of my landlord's failure to pay his bills. this notice was followed by another stating that he still had not paid, or made any attempt to, even though he told me that he had. At this point I think con ed is going to turn off the power very soon, is this legal? the furnace has an electric starter, so this would prevent the building from being heated.
I talked to my landlord today, who claimed he was unaware of the situation, despite my having given him copies of any notices I received from con ed. He said it was the responsiblity of the management company he had recently hired - even though this is a problem that long predates that. I called the management "company" the person i talked to said that bills were not their department and they didn't know when I could reach the person that paid bills, even though I know this to be a company with precisely 2 employees. i called con ed who said that the tenants in the building could form an alliance to pay the electric bill and withhold that amount from rent, the bill, however is in excess of 3000 dollars, and this seems out of the question?
In addition to this, I know that the my apartment is an illegal conversion, a building inspector verified this, but it hasn't gone any further than that. - should i pursue it, I'd like an excuse for my lease to be void.

Anybody have any advice on what I should do?

Thanks a lot
snowden
 
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Re: generally negligent landlord

Postby Chimera » Fri Jan 31, 2003 11:13 pm

If the apartment isn't legal (be very sure of that) then I believe your lease is null and void. There are legal ways for the tenants of a building to put rent money into escrow in order to have utility bills paid, but this takes a lot of organization. However, it sounds like you'll be asking for trouble to remain in this situation. As noted in a previous post, if the landlord does obtain a C/O the apartment becomes legal, but if you have paid all of your rent and then leave, before a C/O is obtained, I believe you are within your rights.

<small>[ January 31, 2003, 10:17 PM: Message edited by: Chimera ]</small>
Chimera
 
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Re: generally negligent landlord

Postby bruklinboy » Mon Feb 03, 2003 10:43 am

I have had an experience similar to yours.
We got the same notice in a building I used to live in. I was told by Con Ed and the super of the building that only the electricity in the common areas(hallways, basements, etc.) would be shut. As long as your account for your apartment was paid and in good standing your apartment should be fine. Fortunately, it never came to pass as the landlord paid the bill in the end.

I can't even begin to imagine walking up or down 4 flites of stairs(we lived in a 4th fl walkup)in the dark, at 5.30 am(thats when i leave for work)would have been.
bruklinboy
 
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Re: generally negligent landlord

Postby jot0n0 » Mon Feb 03, 2003 11:14 am

I agree with Chimera, if your unit doesn’t have a C of O, the LL cannot collect rent from you until one is obtained. Therefore you don’t have a valid lease, and can/should move out ASAP. Illegal apartments are usually constructed on a low budget by the LL who will use inexperience laborers to do the work and are prone to problems. And judging by the way the LL have been running the place, things won’t be getting any better.
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