So I'm screwed

[RedPickle]

So I rent a place where I go to school (Binghamton, NY), and the landlord of the place went bankrupt. We ren t through an agency and they voided their contract when the landlord went bankrupt. It is - 4 here and the water pipes are frozen. I have no hot water and the agency won't come fix it, or shovel our sidewalk, or provide any maintanence of any kind. What do I do now? I mean we probably aren't even going to get our safety deposit back. I'm just a college kid and can't afford to hire a plumber, especially since its not our obligation to. This really really blows. Even the agency says we are screwed. Anyone know any legal things we can do? I thought about no paying my rent, getting a disposable camera to document all the things that didn't get service. Sucks to be me.

 

[GasX]

And you would pay rent, why?

 

[rudder]

If you rent through an agency, what purpose do they serve?

 

[BigJ]

You really are in a picke, eh? Ha ha ha.

But seriously, do you have a portable heater? Or some blankets or insulation you could wrap around the pipes? Make sure you open up the faucet so you know when water starts trickling through. Next time the pipes unfreeze, fill up your bathtub with water, or fill as many jugs/containers as you can.

 

[sixone]

Was your contract with the agency, or with the landlord? If it was signed by the agency, they may not be able to get out of it so easily. Doesn't mean they won't try, tho. Don't take their word for it.

 

[RedPickle]

Originally posted by: Mwilding
And you would pay rent, why?

Well technically we are still bound to the contract with the landlord and he could evict us, but seeing that evictions cost money, I don't know if he could afford that. Even if I don't pay rent, how can that help me? I mean getting a plumber can cost hundreds. I don't know what to do. This really blows.

Originally posted by: rudder
If you rent through an agency, what purpose do they serve?

They rent out the aparments and houses and they are supposed to provide the maintanence services, as per their contract with the landlords. However, they voided their contract with the landlord after he declared bankruptcy.

 

[Anubis]

i think you should move

 

[iamwiz82]

Originally posted by: RedPickle

Originally posted by: Mwilding
And you would pay rent, why?

Well technically we are still bound to the contract with the landlord and he could evict us, but seeing that evictions cost money, I don't know if he could afford that. Even if I don't pay rent, how can that help me? I mean getting a plumber can cost hundreds. I don't know what to do. This really blows.

Originally posted by: rudder
If you rent through an agency, what purpose do they serve?

They rent out the aparments and houses and they are supposed to provide the maintanence services, as per their contract with the landlords. However, they voided their contract with the landlord after he declared bankruptcy.

You can withold rent in the amount it costs to have the problem fixed, after you let the landlord know a few times. I think it varies from state to state, but they all have about the same gist.

 

[RedPickle]

Originally posted by: sixone
Was your contract with the agency, or with the landlord? If it was signed by the agency, they may not be able to get out of it so easily. Doesn't mean they won't try, tho. Don't take their word for it.

This is very very true. Thank you for pointing out something that in my worried state, I might have missed. They said something about their contract with the landlord immediately fowards on the obligations to the landlord, but I will have to check this out. But that might take a while, where as not having water is kind of essential.

 

[RedPickle]

Originally posted by: iamwiz82

Originally posted by: RedPickle

Originally posted by: Mwilding
And you would pay rent, why?

Well technically we are still bound to the contract with the landlord and he could evict us, but seeing that evictions cost money, I don't know if he could afford that. Even if I don't pay rent, how can that help me? I mean getting a plumber can cost hundreds. I don't know what to do. This really blows.

Originally posted by: rudder
If you rent through an agency, what purpose do they serve?

They rent out the aparments and houses and they are supposed to provide the maintanence services, as per their contract with the landlords. However, they voided their contract with the landlord after he declared bankruptcy.

You can withold rent in the amount it costs to have the problem fixed, after you let the landlord know a few times. I think it varies from state to state, but they all have about the same gist.

Really? Where can I find out more information about how much exactly I can withhold? I don't know any lawyers and this is Binghamton, NY, one of the poorest cities in America, both money and knowledge wise.

 

[RedPickle]

Originally posted by: Anubis
i think you should move

It might come down to that, but that would be a huge inconvenience in 6-8 inches of snow, -4 degree weather, and in the middle of classes.

 

[RedPickle]

Originally posted by: BigJ
You really are in a picke, eh? Ha ha ha.

But seriously, do you have a portable heater? Or some blankets or insulation you could wrap around the pipes? Make sure you open up the faucet so you know when water starts trickling through. Next time the pipes unfreeze, fill up your bathtub with water, or fill as many jugs/containers as you can.

I went into the basement and there are literally hundrends of pipes. I don't even know where to start. I live on the second floor of a two floor house and no one lives on the first floor.

 

[sixone]

Originally posted by: RedPickle

Originally posted by: sixone
Was your contract with the agency, or with the landlord? If it was signed by the agency, they may not be able to get out of it so easily. Doesn't mean they won't try, tho. Don't take their word for it.

This is very very true. Thank you for pointing out something that in my worried state, I might have missed. They said something about their contract with the landlord immediately fowards on the obligations to the landlord, but I will have to check this out. But that might take a while, where as not having water is kind of essential.

Well, they aren't expecting to get paid by your landlord again, so they can *say* anything they want. They may be counting on your inexperience with such matters to get them off the hook. You might contact your state attorney general's office; they can advise you or refer you to someone who can. No immediate fix, sorry.

 

[Mudbone]

If you rent through an agency and their name is on the lease then they are lying to you. Whom ever you have the lease with, ALL parties, are liable. If the agencys name is on the lease, the fact that the building owner went backrupt is irrelevant. I don't know about NY but in NC security deposits have to be kept in an escrow account and can't be touched. I would start by call the city housing agency. You also might want to talk to a lawyer. Most on the level ones will give you five minutes to listen to your situation and provide you with your options. Finally, if there is a local TV station that has one of those "trouble shooter" reporters, give them a call. They LOVE this kind of stuff, esp. with the weather being what it is right now.

 

[RedPickle]

Originally posted by: sixone

Originally posted by: RedPickle

Originally posted by: sixone
Was your contract with the agency, or with the landlord? If it was signed by the agency, they may not be able to get out of it so easily. Doesn't mean they won't try, tho. Don't take their word for it.

This is very very true. Thank you for pointing out something that in my worried state, I might have missed. They said something about their contract with the landlord immediately fowards on the obligations to the landlord, but I will have to check this out. But that might take a while, where as not having water is kind of essential.

Well, they aren't expecting to get paid by your landlord again, so they can *say* anything they want. They may be counting on your inexperience with such matters to get them off the hook. You might contact your state attorney general's office; they can advise you or refer you to someone who can. No immediate fix, sorry.

Yea, I think I am going to try to call up the state attorney. How can I get a hold of the legal documents that the agency signed? I'm guessing I can't just go and ask them.

 

[Yossarian]

Originally posted by: RedPickle
Really? Where can I find out more information about how much exactly I can withhold? I don't know any lawyers and this is Binghamton, NY, one of the poorest cities in America, both money and knowledge wise.

check with your school, they may have some kind of legal services thing you can use for free. if it costs $500 for the plumber to fix the pipes, you should be able to deduct $500 from the rent. btw it sounds like the agency and/or the landlord are setting themselves up to be hit with a pretty serious lawsuit for not addressing hazardously unsafe conditions in a building they own.

 

[sixone]

Originally posted by: RedPickle

Yea, I think I am going to try to call up the state attorney. How can I get a hold of the legal documents that the agency signed? I'm guessing I can't just go and ask them.

I'll bet they'd say no. They *should* have given you a copy of the lease you signed - do you have it?

 

[RedPickle]

Originally posted by: Mudbone
If you rent through an agency and their name is on the lease then they are lying to you. Whom ever you have the lease with, ALL parties, are liable. If the agencys name is on the lease, the fact that the building owner went backrupt is irrelevant. I don't know about NY but in NC security deposits have to be kept in an escrow account and can't be touched. I would start by call the city housing agency. You also might want to talk to a lawyer. Most on the level ones will give you five minutes to listen to your situation and provide you with your options. Finally, if there is a local TV station that has one of those "trouble shooter" reporters, give them a call. They LOVE this kind of stuff, esp. with the weather being what it is right now.

Thanks guys, you've been really supportive, it just sucks to have no hot water in such horrible weather. Ok, just a bit more information for you guys. This is what I was told:

The agency has a contract with the landlord, they collect the rent and provide the services. Any rent they get, they put into an account that the agency and landlord have control over. When repairs are needed the agency draws from the account. When there is no money in it they can't provide any maintanence. They said that the contract with the landlord makes them only a contractor in this and that contractors are not liable to maintain services if they are not paid for it.

Whether any of this is true is currently beyond me. Any legal experts in NY?

 

[jjones]

Originally posted by: RedPickle

Originally posted by: Mwilding
And you would pay rent, why?

Well technically we are still bound to the contract with the landlord and he could evict us, but seeing that evictions cost money, I don't know if he could afford that. Even if I don't pay rent, how can that help me? I mean getting a plumber can cost hundreds. I don't know what to do. This really blows.

Why not pay the plumbing and deduct if from the rent? I don't know what the laws are in NY but I'd probably be getting whatever that needs fixed or maintained taken care of and deducting expenses from any rent due. Meanwhile I'd be looking for a new place and would also probably skip out on paying the last month or two of rent, seeing as it's not likely you'll be seeing your security deposit.

 

[shilala]

March your ass on down to the Magistrate. Tell them the situation.
Once you are done with them, call the City Manager.
Once you are done with the City Manager, call a lawyer.
Either of the people above will guide you to the correct lawyer.
They'll file a "stop action" order (or some sh!t like that) and the constables will deliver it the same day. That should get some action.
Just because the owner is bankrupt does not mean he can shirk his landlord tenant responsibilities. You have a legal contract with him. The agency may also be directly responsible, but of course they'll tell you they aren't, it'd cost them money if they said they were.
Good Luck!!!

 

[Bob151]

I think someone below said, "get a portable heater" Well, if you can't afford to move, keep this in mind, there may be a slight chance of fire, move to best valuables to your parents.

DON'T pay any rent. If the rental agency is incompetent enough to not have cashed your last rent check, go to the bank NOW and do a stop payment.

As far as living arrangements, if its a small town mostly, go to the local/student paper, get your's and other's plights published, maybe the community/school will help all of you out temporarliy. Dorms Rooms!

Good luck.

 

[RedPickle]

Originally posted by: sixone

Originally posted by: RedPickle

Yea, I think I am going to try to call up the state attorney. How can I get a hold of the legal documents that the agency signed? I'm guessing I can't just go and ask them.

I'll bet they'd say no. They *should* have given you a copy of the lease you signed - do you have it?

Yes, I have my lease with the agency.

 

[RedPickle]

Originally posted by: jjones

Originally posted by: RedPickle

Originally posted by: Mwilding
And you would pay rent, why?

Well technically we are still bound to the contract with the landlord and he could evict us, but seeing that evictions cost money, I don't know if he could afford that. Even if I don't pay rent, how can that help me? I mean getting a plumber can cost hundreds. I don't know what to do. This really blows.

Why not pay the plumbing and deduct if from the rent? I don't know what the laws are in NY but I'd probably be getting whatever that needs fixed or maintained taken care of and deducting expenses from any rent due. Meanwhile I'd be looking for a new place and would also probably skip out on paying the last month or two of rent, seeing as it's not likely you'll be seeing your security deposit.

This looks like the most realistic situation right about now. However, I don't know any of the legal ramifications of this. I'm going to call teh City now and see what they can do.

 

[sixone]

Originally posted by: RedPickle

Originally posted by: sixone

Originally posted by: RedPickle

Yea, I think I am going to try to call up the state attorney. How can I get a hold of the legal documents that the agency signed? I'm guessing I can't just go and ask them.

I'll bet they'd say no. They *should* have given you a copy of the lease you signed - do you have it?

Yes, I have my lease with the agency.

That's all you need. I'd call the agency back and quote them from the lease form, and tell them you expect them to uphold their end, or you will seek legal counsel and/or your local TV station. Be sure to tell them that the landlord's financial situation doesn't excuse them from their contractual responsibilities to you. That might scare them into solving your immediate problem.

 

[RedPickle]

Originally posted by: shilala
March your ass on down to the Magistrate. Tell them the situation.
Once you are done with them, call the City Manager.
Once you are done with the City Manager, call a lawyer.
Either of the people above will guide you to the correct lawyer.
They'll file a "stop action" order (or some sh!t like that) and the constables will deliver it the same day. That should get some action.
Just because the owner is bankrupt does not mean he can shirk his landlord tenant responsibilities. You have a legal contract with him. The agency may also be directly responsible, but of course they'll tell you they aren't, it'd cost them money if they said they were.
Good Luck!!!

Thanks, I think that would probably be the best legal path. I'll have to do it tomorrow, because currently, since they didn't shovel my sidewalks, I as well as my tiny car are snowed in. This stinks.