[Jeanette220]

Hi, I live in New York. I live in a private house just a day ago my lights went out and when I open my circuit breaker box to turn them back on I noticed my wall was very hot and sparks came out. I immediately called the fire department who in turn came in made a small hole in the wall and notice that the wires had melted. They immediately turned off my power and told me to contact my landlord. My landlord was away so I contacted the person in charge his sister to let her know what had occurred. I then proceeded to call this person again in the morning explaining that the Con Edison and Fire Dept stated that an electrician had to come in before my power could be restored. Well, she stated she was attempting to get an electrician and if I was going to be home. I said all day I won't leave well 3 hours later no phone call or electrician. It was unfair so I attempted to call again but this time no response. They were not picking up their cell phones. I proceeded to then call an electrician myself to restore power because my food went bad it was very hot in my home and I have children.

Two days have passed and the landlord has not contacted me. I had to pay the electrician from my rent money and I am holding the other half. I want to know what I can do for this unjust treatment and how to handle this situation. Should I go to housing court or anything?

Very upset and hurt.

[macksmom]

I would send the rent check minus the bill for the electrican and include the receipt for the electrician with the rent. They will have no argument as it is their responsibility to fix the wiring. If you want to be real daring (thats me personally) I would take out money for the food that went bad that you had to replace. I would include a note stating the reasons for the deductions in rent, and everything that transpired with the landlords sister.

Good luck!

[excon]

Hello Very:

The remedies you have vary depending on your states landlord tenant law. You can read it right here on this forum at the top of the real estate page, on a sticky note. Some of the east coast states allow you to pay your rent into an escrow account or to the housing court directly. You're going to need to check that out. I'm good, but I don't know ALL 50 states landlord/tenant laws.

However, I can tell you how to proceed. If the rent you are holding is August, you need to get it PAID. As long as it remains unpaid (any of it), YOU are subject to eviction, and I don't care about the electrical problem. Next; do all your communicating with them by mail sent certified return receipt requested.

Every state is covered by the warrantee of habitability. That means your home must be habitable. Without electricity, it wasn't. There's no question about that, and there's no question that you had the right to "self help" when the landlord didn't respond to your emergency situation.

How you get your money back, however, is going to depend on your state law. So, when you write, you're going to include ALL the rent, or the rent due them minus the electrician fee that you deposited SOMEWHERE.

excon

PS> Luckily, one of our landlord tenant experts lives in NY.

[ScottGem]

I would do a combination of your previous advice. I would put the amount you are deducting for the repair into a separate account and send in your August rental with a copy of the electrician's bill and the balance of the rental. I would also include a bill for the lost food, but do not deduct it (You should check your renter's insurance to see if they cover that).

See what the landlord's reaction is. If they demand the full rental, pay it from the amount you set aside and sue them for the losses. Or let them take you to court and show the judge that you put the money aside.

You won't get evicted because you'll have the money to pay set aside. If the landlord is decent, they will accept the August rental with the costs deducted and not do anything more.