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Pest control?

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Pest control?

Postby PillowTalk » Sat Jun 27, 2009 8:06 pm

Hello - I have a question, and after some googling am having trouble finding it. Looked through the NY tenant's rights guide that's on the Attourney General's website, but it didn't answer my question.

I'm about to move into a new place, and was cleaning it out (since the last tenants did a bit of a crappy job). As I was wiping out the cupboards and kitchen drawers, I found mouse droppings. I then found a big hole in the wall near the kitchen that the last tenant had shoved a magazine into. Bingo - mousehole.

I told the landlord. He came over to look, but unfortunately I was not around, just my bf (who is way more docile than I am). The landlord apparently played the issue down, said he would buy any traps, etc that were needed, but that he WOULD NOT pay for an exterminator.

If we find in a few weeks that this mouse is still around (very likely), is there any legal recourse we can take? I've taken pictures of the droppings and the mouse hole, it will be in my move-in report that I am drafting up for the 1st. I just wanted to know if there was anything on the books about pest control...or will we be stuck with the bill?

I can already tell this landlord is gonna be a bit of a cheap tough guy, oh well. Already signed the lease, so we're in it now. Any help that anyone could give would be wonderful and very appreciated.
PillowTalk
 
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Postby concord » Wed Jul 08, 2009 8:06 pm

WARRANTY OF HABITABILITY

Tenants are entitled to a livable, safe and sanitary apartment. Lease provisions inconsistent with this right are illegal. Failure to provide heat or hot water on a regular basis, or to rid an apartment of insect infestation are examples of a violation of this warranty. Public areas of the building are also covered by the warranty of habitability. The warranty of habitability also applies to cooperative apartments, but not to condominiums. Any uninhabitable condition caused by the tenant or persons under his direction or control does not constitute a breach of the warranty of habitability. In such a case, it is the responsibility of the tenant to remedy the condition. (Real Property Law §235-b)

If a landlord breaches the warranty, the tenant may sue for a rent reduction. The tenant may also withhold rent, but in response, the landlord may sue the tenant for non-payment of rent. In such a case, the tenant may countersue for breach of the warranty.
Rent reductions may be ordered if a court finds that the landlord violated the warranty of habitability. The reduction is computed by subtracting from the actual rent the estimated value of the apartment without the essential services.

A landlord's liability for damages is limited when the failure to provide services is the result of a union-wide building workers' strike. However, a court may award damages to a tenant equal to a share of the landlord's net savings because of the strike. Landlords will be liable for lack of services caused by a strike when they have not made a good faith attempt, where practicable, to provide services.

In emergencies, tenants may make necessary repairs and deduct reasonable repair costs from the rent. For example, when a landlord has been notified that a door lock is broken and willfully neglects to repair it, the tenant may hire a locksmith and deduct the cost from the rent. Tenants should keep receipts for such repairs.


---------------------------------


(TEN DAYS)

Clearly, the vermin problem is covered by this doctrine. I don’t know if you can bring in your own exterminator on an “emergency basis” and expect to be reimbursed however. It doesn’t really seem to be an emergency – that is just my opinion and I may be incorrect.

I would send the landlord a certified letter explaining the problem and mentioning that you saw a mouse come out of that hole (assuming that you did) and that you want an exterminator to exterminate within ten days of the date of mailing. If the landlord doesn’t exterminate within ten days, call 311 and report the problem on the 11th day. If he does not exterminate in ten days after your call to 311 then, mention it on the forum.

You must give your landlord a reasonable amount of time to correct a poor condition. Ten days should be considered enough time to get an exterminator to come by.

(While there is no official time-frame in place for such scenario, ten days is an accepted precedent for what would be ‘reasonable’ based upon certain complaint forms that adopt a ten-day time-frame.)

Things may become a bit more complicated further along in the process based on your status as a tenant; regulated or non-regulated.

(If you do not mail a certified letter to your landlord he can claim that you never brought this to his attention. Keep the letter simple and don't sound angry.)
concord
 
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