Withholding Rent

[disenchanted]

We are college students that have been living at an apartment for 6 months on a verbal 30 day notice arrangement. Recently there was a fire code inspection. Days before the inspection, our landlord's agent appeared with a smoke/fire detector to replace the detector that had been in the house. We were alarmed to learn that the previous detector was useless, and that the landlord had been aware of this condition before we moved in. Additionally, the landlord has turned off the heat without explination on several occasions, our oven does not work, and a number of other problems are present. We decided to delay payment of rent until the landlord would answer our queries about the water (it burns our skin and mouthes) and about the history of the land (another tennant claims that it was a chemical dump) Rather than respond to our letter, he has filed for an evection. I suspect that this is a tactic to scare us into paying rent without any answer to our queries. What are our rights? Can we open a small claims court case for anything like breach of contract or anything else. Time is important as finals are approching and this is not quite my idea of recreation. What can we do?

[<Red Zephyr>]

This may not be what you want to hear, but the actions you describe have been rather unwise. If you are in upstate, be aware that housing evictions can happen much faster than in New York City.

While I understand your concern about the smoke detectors, checking them is one of the FIRST things you should have done upon taking the apartment. Your safety is YOUR responsibility. Do not rely on a landlord or a city inspector to check smoke detectors for you.

I'm rather confused about your demands that your landlord tell you the "history of the land". If you want to know who owned the land previously and its prior use, that is all public information, available for you to research anytime at the county clerk's office.

Regarding water that "burns your skin and mouths." If the building gets municipal water you would present such a complaint to the local water authority, not to your landlord. Your landlord cannot do anything about the local water supply (Unless your building is served by a private well). If you are serious about this charge, then I'd suggest you pay a company $50 or so to analyze the water and then present your findings to the water authority or NYS EnCon. Yelling in housing court that the water burns your mouth is likely to get you dismissed as a crazy.

Lastly, realize that if you have no lease, your tenancy can be ended by your landlord on 30 days notice or by you anytime. I suggest that you be proactive here - Look for a new and better place to live before you have to deal with an eviction on your record and sheriff's marshalls hauling your stuff out the door.

[disenchanted]

To clear things up a little:

1. There was a smoke detector present, but it was not operational, and the landlord had knowledge of the situation.

2. The source of the water is of some question. The landlord has a well, but the BOH shut the well down due to chemical contamination. He asked to start the well back up but was denied. We suspect he hooked it up anyway, and today I found evidence that it was hooked up, but then disconnected after our letter inquired about the well's status. The other water supply is pumped directly from the lake through a makeshift water filtration system.(he was also cited for not properly treating the water when e. coli and other bacteria were found present) Additionally, the BOH cited him for not keeping the active carbon portion of the filter up to date, the carbon in it was doing nothing and had been inactive for years (he's apparently never restocked it untill the BOH made him 2 months ago) The active carbon is partly to remove chlorine from the water as he is supposed to treat it. At times we get chlorine and at times not. The burning was either from chlorine, pH, or the fact that the well was hooked up (our guesses). Obviously, we drink bottled water, which he is required to supply. On that note, he used to supply it only once in a while, until the BOH investigated and threatened to fine him $1000 for each day the water was not present. Sorry this is so long, but the water situation is quite complex.

3. We just wanted him to disclose any hazardous conditions and explain what the land had been used for before. We were told by anohter tennant that at one time it had been a toxic (chemical) dump. (we were told just recently)

We have realized that he has a relationship with the town judge too, so fighting off the bat is a bad idea and we have a chance of losing. We decided to pay him now due to the fact that an eviction on the record would be bad, and that if we win, he can still say 30 days, which would put us out during finals week. However, we feel this is extortion money. We are wondering if we would have a case in small claims court down the way, given the intentional neglect, lies, and disturbance of peace of mind. If anyone out there can help along those lines, we would greatly appreciate it. Thanks

<small>[ April 12, 2002, 10:15 PM: Message edited by: disenchanted ]</small>