Ask Me Help Desk - Heat / Window Bars

NOV/01/2008 move in/Brooklyn,NY - we had no heat until the NOV/12 (we have our own boiler and are supposed to pay our own heat &hot water- however there was no boiler installed until the 12th),no stove and no bars on windows for first 2 weeks. Additionally we have broken window in living room and no window in back room. The back room is a separate unit, but part of the rental. Also there was construction equipment left in the back room for a the duration of the first two weeks- this prevented us from inhabiting the space for that duration. What are out legal options ? We think we shouldn't be liable for at least half a months rent, because the apartment was suitable for living. But what does the law say ? Can he evict us if we pay half the rent ?

Quote:

Originally Posted by the_freddy

NOV/01/2008 move in/Brooklyn,NY - we had no heat until the NOV/12 (we have our own boiler and are supposed to pay our own heat &hot water- however there was no boiler installed until the 12th),no stove and no bars on windows for first 2 weeks. additionally we have broken window in living room and no window in back room. the back room is a separate unit, but part of the rental. also there was construction equipment left in the back room for a the duration of the first two weeks- this prevented us from inhabiting the space for that duration. what are out legal options ? we think we shouldn't be liable for at least half a months rent, because the apartment was suitable for living. but what does the law say ? can he evict us if we pay half the rent ?

Need more info - Lease or month to month? When did you begin to live there? Did you notify the landlord of the problems in writing? Is this subsidized housing?

And, yes, if the rent is monthly you can be evicted for paying half of the rent unless you and the landlord are in agreement.

If I am correct you moved in with no bars, no stove, no heat, no hot water? Did you know these were the conditions before you moved in?

Advise the landlord in writing about the existing problems - broken window, whatever else the problems are to protect yourself in the future.

This is a one year lease, in brooklyn NY.
We moved in NOV 1. up until than we dealt with
The broker which told us the apartment would be
Ready to move into and live in.
Isn't heat required by law ?
Also the broker verbally promised us those things
When we saw the apartment there was a stove in it
When we moved in it wasn't working- and it took them
14 days to replace it. When we saw the apartment there
Were wall heaters in it, but when we moved in we found
Out there was no boiler- and we froze for two weeks - and
Had to by space heaters. We had to buy food outside due to
The non-functional stove. And we couldn't and still can't use
The back room in the house. We did not inform him in writing
Since he kept reassuring in phone conversation that those things
Will be done the next day- this went on for two weeks and is still going
On with other problems. Our windows in the living room is broken
And has exposed glass which we deem unsafe. This is not a subsidized house - but a normal rental. Shouldn't we be paying less rent ?
Shouldn't he be liable for 2 weeks where the house that we paid for was
Not functional ?

No, you shouldn't be paying less rent. However, you could make a case that you should be reimbursed for extra expenses that resulted from the apartment not being fully inhabitable.

You need to document the extra expenses and send a bill to the landlord. Then proceed from there.

Well thanks for you help
I still think that I could do more legally than
Receive compensation for direct expenses
What about things that did not have immediate financial
Repercussions (food purchased out side, space heaters ETC) what
About things like the non-existing window and the
Construction tools that were left in the back-room
This disabled a portion of the house which we paid for.
We also suffered from a non-safe living situation by not having
Bars on the windows for 2 weeks, this doesn't have a direct
Financial correlation, however it was something that was promised
To us and not delivered.
Anyone that can offer a second opinion ?

Quote:

Originally Posted by the_freddy

Well thanks for you help
I still think that I could do more legally than
receive compensation for direct expenses
what about things that did not have immediate financial
repercussions (food purchased out side, space heaters ETC) what
about things like the non-existing window and the
construction tools that were left in the back-room
this disabled a portion of the house which we payed for.
we also suffered from a non-safe living situation by not having
bars on the windows for 2 weeks, this doesn't have a direct
financial correlation, however it was something that was promised
to us and not delivered.
anyone that can offer a second opinion ?

You can always demand anything you think is appropriate or reimbursable. If they don't comply you can sue them - you can pretty much anyone for anything in Small Claims. Over the dollar limit for SC the Court costs are too high to make it sensible and/or feasible. Sue both the landlord and the agent.

They can countersue for whatever they think is appropriate. Everybody will bring proof. The Court will decide.

So write a letter and list your demands and monetary amounts.

Or move out and break the lease and wait for them to sue you and counterclaim.

I suspect - and this is just a hard fact of life - if you make too much noise and are unreasonable you will be evicted. I would guess that the agent wrote up the lease. Did you have an Attorney review it? If not, I guarantee it's slanted in favor of the landlord.

If this is a dangerous situation, call the office in your City that handles housing complaints or health complaints. But brace yourself for the landlord's reaction.

Before you start filing lawsuits and sending letters, why don't you try just talking to the landlord? Tell them that you feel you should receive a rent credit for the two week period when you didn't have any heat or a working stove. Don't be demanding or argumentative. Just be calm and rational. See what happens.

Ok so to summarize If he offered me a couple hundred $
I should take it and back out, If I'm looking to live here
And maintain a healthy relationship with the landlord.

Thanks everyone for your answers, if anyone has additional feedback
He would like to offer that would be great, if not - thanks anyway.

Thanks lisa .
That is exactly what I did, before posting here.
He offered me less than half of what I deem fair.

Quote:

Originally Posted by the_freddy

Thanks lisa .
that is exactly what I did, before posting here.
he offered me less than half of what I deem fair.

Did you tell him an amount that you thought was fair? Did you try to negotiate the amount with him?

If you like the apartment and want to stay there then working out an agreement with him will probably get you far more in the long run than if you take steps to "assert your rights". You now have a business relationship with this person. You can control whether that relationship is adversarial or cooperative.

Lisa.
Yes and Yes, we had a long conversation I said everything.
But I started saying things that mostly didn't make any sense
Than he said he would pay us from his pocket because he feels
Bad.

Anyway you are right about the direction of this relationship being up
To us, and I think we should absorb what happened and leave the
Situation healthy and clean.

Thanks again.