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January 27, 2008
Landlord Not Paying Utilities
I live at 301 Cumberland Street. Con Edison has informed us that the heat and gas bills for the common areas has not been paid by the landlord since June, 2007. They are threatening to shut everything off on Saturday, February 2nd. We have called the managing agent, sent e-mails and letters, with no success. And the notices keep on coming. The owners are the same bunch who are developing the Sanctuary with the multiple stop work orders. Besides filing a motion in housing court, any other ideas? And yeah, we are not remitting rent.
Comments
Idle threat. They will not shut off heat and electricity.
Your lease on the other hand likely does not allow you to unilaterally withold rent due to some perception on your part regarding the utility situation.
You probably don't like that answer but I would advise you to read your lease.
Consult an attorney.
Posted by: guest at January 27, 2008 9:59 PM
call 311, if con ed does turn off the heat, they'll force them to turn it back on.
Posted by: armchairwarrior at January 28, 2008 2:07 AM
You haven't been denied any services. Why are you withholding rent?
Posted by: guest at January 28, 2008 10:16 AM
When I had a dispute over my buildings bills with Keyspan they sent the same kind of letters to all the tenants in my building. It made everyone very nervous and upset, and unnecessarily so, because the dispute was in the process of being cleared up (and it was Keyspan's fault to begin with). I hope you are in a similar situation.
Posted by: guest at January 28, 2008 1:30 PM
If you suspect your landlord of not paying the bills or denying you service;you would more than likely have to put your rent money into a non interest bearing escrow account and take him to Housing court. Even though you are not oaying the rent to the landlord you still have to show the judge that you have intentions of paying.
Posted by: bedstuy59 at January 28, 2008 1:33 PM
1:33 you are wrong, a tenant may not unilaterally withold rent in the way you describe.
OP please seek legal advice, these comments are incorrect.
Posted by: guest at January 28, 2008 3:54 PM
When I first bought our townhouse in 2005 I had a major argument with Keypsan as they argued that as we were a 3 Family house we were classified as being a commercial user and therefore automatically had to pay a $1,000 security deposit, which after a year we'd get back if we paid in time. I refused to pay that and while I won the argument it did take 8 months for them to remove the $1,000 'charge' on our account. Although we'd always paid the gas usage bills in a timely manner our two tenants received 'disconnection notices" on two occasions.
In a way I should have just paid it as the hours spent on the phone with Keyspan employees was annoying and incredibly frustrating but sometimes I prefer to stand up for principle.
Posted by: guest at January 28, 2008 5:07 PM
At least you don't have a matzoh factory in your basement.
Posted by: Rehab at January 28, 2008 7:29 PM
To 7:29pm
What's the story about living above a matzoh factory?
Was the apartment too hot?
I had a friend who lived above a pizzeria in park slope and she said
the heat used to rise all the way up to her apartment.
In the summer it was unbearable.
Her husband was so cheap he refused to buy an air conditioner.
Eventually they moved out.
Posted by: Ysabelle at January 28, 2008 9:19 PM
Is Ysabelle smoking crack?
Posted by: guest at January 28, 2008 9:37 PM
Matzoh is UNleavened. Enough said.
Posted by: guest at January 28, 2008 10:21 PM
Very few people know how matzoh is made.
Not everybody in brooklyn is jewish.
Posted by: Ysabelle at January 28, 2008 10:40 PM
I would call 311 and ask what your options are. I think you may be able to pay the utility bill on behalf of your landlord and deduct it from your rent.
Posted by: guest at January 28, 2008 10:48 PM
I think you should call 311 and ask them how matzoh is made.
Posted by: guest at January 29, 2008 9:50 AM
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