Legal Question in Landlord & Tenant Law in New York
can a landlord evict a person for asking to fix plumbing problems
I have been asking my landlord to fix my toilet which does not flush for over 6 months. I keep a bucket of water to flush. There are other things needing fixing but he has now asked me to leave because he says he needs to renovate which the apartment does not need. I am a single mother with a 12 year old son. I also have an entrance that does not have a gutter over and icicles have almost dropped on our heads several times. I know the apartment does not need an overall renovation and feel he is trying to get me out. I asked him to either fix the problems or I could have someone come and fix them and deduct from the rent. He gave me less than 2 months to vacate the premisis. What are my rights here.
2 Answers from Attorneys
Re: can a landlord evict a person for asking to fix plumbing problems
He is not permitted to evict you in retaliation for complaints. That is illegal.
Clearly, there is a record of the apartment being in some form or level of disrepair. That will assist him. On the other hand, the items cited do not seem serious.
If you have no written lease, your position is weaker than otherwise. I recommend looking for another place to live now. Do not wait to the last minute.
On the other hand, waiting for the last minute will get you 90 days to leave by the court and some free rent. Landlord & Tenant law is like a chess game and everyone knows the rules.
You must decide how you want to handle the matter. An attorney would charge 500-750 (usually) to assist you and would be able to secure the time and free rent I cited. But that may include more uncertainty than your comfort zone.
Its a game and you must decide how you, you in particular as a person, want to play it.
You are welcome to a consultation for no fee.
Re: can a landlord evict a person for asking to fix plumbing problems
it depends. Do you have a lease?
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
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