Should I withhold rent?

[KnickNut3]

I just had heat restored in my NYC apartment after 11 days. I called them 11 days ago, called either the super or the management company every day in this time, and kept being made promises that it would be fixed the next day.

By NY law, they are required to heat the apartments to 68* during the day and 55* at night if it is cold outside. It didn't get above 55* in my apartment for 11 days.

I want to withhold rent, but our management company is quite unreasonable with disputes (took a month of negotiations to argue down an unreasonable rent hike as rents were going down across NYC a few months ago) and we're afraid they will overreact to any withholding.

Suggestions? Thanks!

 

[Newbian]

Contact a lawyer.

Or let some random atot poster make fun of the situation but this is always helpful.

 

[KLin]

withholding rent will get you evicted.

 

[Leros]

Send them rent with 11 days removed. Also send a copy of the law that supports your claim with the relevant parts highlighted.

 

[manlymatt83]

Contact a lawyer. Definitely.

 

[MotF Bane]

Lawyer.

 

[KnickNut3]

Originally posted by: Leros
Send them rent with 11 days removed. Also send a copy of the law that supports your claim with the relevant parts highlighted.

This is what we want to do. Just wanted to get some opinions from here before contacting a lawyer, considering paying one would probably cost about what we would withhold.

 

[olds]

Kick them in the nuts 3 times.

 

[Capt Caveman]

Did you contact the NY Housing commission/authority when this occurred for so long?

 

[aceO07]

Get a lawyer and see what you can legally do. You don't want to get (legally) evicted, locked out or deal with hassles when it's winter time. This isn't the time to be stuck outside.

If you get locked (due to jerk landlord), the police can help you get the new keys from the landlord.

 

[Eli]

You can withhold rent, but you need to notify them of the problem in writing and allow them time to rectify it. If they do not, then you can legally withhold rent.

Of course, this depends on your state's laws. Call up the local housing association.

 

[poncherelli2]

which mgmt company?

 

[RKS]

you can't withhold rent. you can, however, place it in a court sanctioned escrow.

 

[txrandom]

Damn, and I think it's cold when it drops below 70 in my house.

 

[KnickNut3]

Problem is, the timing of this made it hard to contact authorities or send them a letter (near Thanksgiving time). Hard to have to wait for the mail to travel and be delivered to get heat fixed. Plus, when they keep saying it will be fixed right away, it's easy to want to believe them and not start the longer process of mailing complaints, etc.

And if I need to get a lawyer and/or set up an escrow to withhold rent, it's probably not worth it.

Mgmt company is FameCo. I think they're pretty small.

Thanks for the comments.

 

[Crono]

NYC Dept. of Housing
(212) 960-4800

It's a 24 hour line.

 

[Anubis]

we were without heat or hot water here at my hourse for 6 weeks

i wish i could stop paying the bank

 

[AlienCraft]

Originally posted by: Newbian
Contact a lawyer.

Or let some random atot poster make fun of the situation but this is always helpful.

Good job :thumbsup: 2 correct answers in one. All that was missing was a need for a :camera:

 

[AlienCraft]

You'll need to pay your rent in full. Request a refund for "damages" due to failure to provide habitable as allowed by law.
Then sue in small claims court if you want to make an issue out of it.
Better to send in a letter noting the incident and creating a paper trail, should they continue to fail to provide proper management services.

 

[DVad3r]

Wait for the landlord to show up and beat him down with a baseball bat, all the while yelling "11 DAYS, 11 DAYS!!!"

 

[bobdole369]

you can't withhold rent. you can, however, place it in a court sanctioned escrow.


^^^ this

 

[KnickNut3]

OK, thanks. Won't withhold but will call that line to see what they recommend, then call mgmt company and demand reduction or some sort of compensation.

Sucks that they don't provide a habitable place but I'm the one that has to jump through hoops to NOT pay for something I did NOT receive.

Thanks for the recommendations.

 

[Sasiki]

Withholding 11 days rent would not be a good idea. You still had use of your apartment, the fridge, toilet, etc. during that time. There is no way to accurately deduct the proper amount for no heat.

 

[Tiamat]

Since the heat has been restored, don't withhold rent. Next time something bad happens, immediately send a letter to the landlord by certified mail demanding the fix. Once you have the certified demand letter sent, then you can think of taking legal actions.