TenantNet Forum

Where tenants can seek help and help others



Repair Help

Moderator: TenantNet

Repair Help

Postby mhappies » Wed Dec 10, 2008 1:29 am

My LL is someone I know rather well, I know not a good idea to rent from a friend but oh well. And there are a few things that need to be fixed, the radiotor pipes bang at all hours of the night, my bathroom stinks like sewer b/c there is no trap on the sink, and early last week there was a substantial amount of water coming throught the bathroom ceiling which damaged the drop ceiling. Now it is very cold in the bathroom and I'm getting sick because mold is growing on the tiles and in the shower. I still haven't given them rent for this month becasue I was waiting for the ceiling to get fixed first. Then when I addressed the issue today she told me that if I could give her rent then she could have it fixed sooner. But I'm reluctant becuase I need this fixed ASAP because I'm allergic to the mold and I have a 3 month old baby that I need to be able to bathe safely. How long can I hold out on the rent? Can I just go ahead and have someone come to fix it and then just take it off he rent? Should I just report them to housing?
mhappies
 
Posts: 1
Joined: Wed Dec 10, 2008 1:19 am

Postby bluegrasslady » Thu Dec 25, 2008 4:00 pm

The answers depend on what kind of apt. this is--rent-stabilized, etc. Is it a room in your friend's house? A building of less than six apts.? Year building was built?
bluegrasslady
bluegrasslady
 
Posts: 340
Joined: Tue Dec 19, 2006 12:20 pm

Postby JohnMI » Mon Dec 29, 2008 5:41 pm

In general, it is unlikely that you are right in the eyes of the law here. What are you doing with the withheld rent? Did you give notice in writing that you are withholding rent due to lack of repairs? Did you request those repairs in writing? Do you have the rent in an escrow account?

You can easily get yourself into trouble for withholding rent due to lack of repairs -- especially if they are not repairs that are necessities (does your bathroom not work now because you have a bad drop ceiling)? So, be very careful about not paying your rent because you want something fixed -- you could be evicted and a judge might easily not side with you.

Also, to note it, complaints about mold are almost always bad complaints. Things mildew due to not being clean. Mildew and mold on the tiles in the shower is almost always caused by lack of cleaning. Sure, a leak may have helped speed that up some -- but if it is not ongoing, then it is really just a matter of cleaning your tiles with some bleach and water.

Mildew on bathroom tiles is hard to argue non-payment of rent about...

In any case, I think you should pay up on your rent and submit in writing a repair request for the ceiling, lack of a trap, and other such things. I think you should clean the mildew yourself. Once paid up -- and repair requests submitted IN WRITING, then you are in a much better place to be ready to do something NEXT month without getting yourself into legal trouble.

- John...
[I am not a lawyer. This is not legal advice. Your mileage may vary. Look both ways before crossing.]
JohnMI
 
Posts: 43
Joined: Tue Apr 08, 2008 1:35 pm


Return to NYS General Discussion

Who is online

Users browsing this forum: No registered users and 17 guests