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September 4, 2007
landlord-tenant legal issues
In early April, during a period of excessive rains, our apt was seriously flooded. Both the ceiling and wall caved in and warped, parts of the wall crumbled, and our furniture was damaged. Today the wall and ceiling are still warped/cracked, and the buildings interior brick is visible above the window. It looks like a crackhouse. Also, even before April three of the kitchen cabinets completely broke. Despite numerous phone calls and promises to the contrary, nothing was ever done. It's early September, more than four months later, and the water-damaged ceiling and walls and kitchen are still not fixed.
There came a point when we got fed up calling them and not getting any response whatsoever; so, after paying rent promptly for 8 months, we stopped paying rent. Then we sent an official letter to the landlord requesting repairs and explaining why we are “late.” They finally called me and said someone would come this week to fix everything, that they have been busy, etc. Stupidly, we paid one months rent in anticipation that everything would be fixed. Needles to say, nothing was fixed; rather, they sent us a collection letter from their attorney! We responded to the attorney, echoing the complaints we described to the landlord.
Now, we received a notice asking us to evict the apartment, pay the rent, and pay their legal fees ($900). Nothing in my letter was answered/discussed. Also, it states that we need to respond to the County Clerk at 141 Livingston St. (?)
It is our understanding that the landlord must provide a habitable, safe, and clean property, one that is fit for residence and conforms to the standards present when the original lease was signed. Additionally, all necessary repairs should be done in a timely manner.
What can we do in this case? Any advice is greatly appreciated…(Note: This is a rent-stabilized apt.)
Comments
The landlord, unfortunately is within their rights to do this.
There is a legal process for withholding rent to make repairs and you didn't follow it. It involves written notice sent via certified mail (which you didn't do) and putting rent into an escrow account and paying to have repairs made from that account (which you also didn't do).
To make things worse, you handed your landlord written confirmation that you were intentionally defaulting on your rent, which was not a smart thing to do.
Sorry, you're shit out of luck.
You should have talked to a lawyer first.
Good luck with your impending apartment hunt.
Posted by: guest at September 4, 2007 2:14 PM
2:14 is probably right to an extent. The thing to do is to respond to County Clerk - otherwise you could be quickly evicted. If you file an answer explaining the situation, your LL would not be able to kick you out anytime soon and will be much more willing to listen.
Posted by: guest at September 4, 2007 2:26 PM
You will not be quickly evicted. Take photos; document everything. That is ridiculous that the landlord did not fix your apartment. It will take them a year to legally evict you and you are within your rights not to pay. Get an attorney...
Posted by: CrownGardener at September 4, 2007 2:31 PM
The Brooklyn Housing Court is notoriously pro-tenant. You will not be evicted. Answer any legal documents you receive & show up to your appointed court date. The usual procedure at housing court is that you'll meet w/ your landlord's attorney, & outline your grievances. He'll write up a Stip which gives the landlord a specific time to complete all repairs & states that you must pay all rent due either in installments or lump-sum. The stip is an informal but legally binding agreement which will be signed by you the lanlord's attorney & a judge. If your landlord fails to make the repairs, you can take him back to court. There is a help desk for tenants at the houding court - they should be able answer any questions you should have.
As a landlord for many years, I have yet to see a judge order a tenant to pay a landlord's legal fees - despite the fact that most rent-stabilized leases have this provision. Also most evictions take several months - even when the tenant is in default.
Posted by: guest at September 4, 2007 3:17 PM
The comments above are accurate. Your rent should be in an escrow account and it is nearly impossible for a landlord to evict a tenant. That said, I would like to add one thing that you should consider- your landlord is either a terrible landlord, doesn't like you and want you to live there or wants you out for some reason or all of the above.
Posted by: guest at September 4, 2007 4:24 PM
I'm with 4:24 and would add - of course the landlord wants you out - it's a rent-stabilized apartment. (Not suggesting he's right to not make repairs, but...)
Posted by: guest at September 4, 2007 6:02 PM
I agree with the poster that you should have sent certified mail, taken pictures not only of damage to the apt but to your furniture as well. I would also get the receipts for the cost of damaged furniture or property or estimates of what its costs to repair or replace property.Dont know if housing court makes landlord pay or if you have to go to small claims court but be prepared. Good luck!
Posted by: guest at September 5, 2007 12:17 AM
Lots of bad advice here. Contrary to 3:17 you can and probably will be evicted, though it could be dragged out for months. 6:02 makes no sense: why would a landlord want a rent stabilized tenant evicted, rent stabilization transfers to the new tenant. The other posters are basically right, you breached your contract by not paying rent. You should have conulted legal counsel first. Now you are in a bad position.
Posted by: guest at September 5, 2007 6:06 AM
Talk to a lawyer right away. Not paying the rent in this situation is a mistake, but not the end of the world. Document everything, especialy dates of contact with landlord, take photos and ask lawyer whether paying back rent into an escrow account is prudent. Good luck. Sorry you're having a crappy time of it.
Posted by: Johnny at September 5, 2007 9:28 AM
forget 6:06 & take advice from a landlord of 30yrs:
1) you don't need an attorney - unless you have money to burn
2)document your complaints to the landlord. You are not required to send anything via ceritfied or registerd mail although it helps
3)the law states that rent should be placed in an escrow acct but I've never seen a judge request it.
4)you will not be evicted for non-payment if your landlord is in default (ie not making required repairs)
5)see poster 3:17
Posted by: guest at September 5, 2007 8:11 PM
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