Legal Question in Landlord & Tenant Law in New York
landlord refuses to fix anything in the home
i have called him on several occasions to ask him to fix the thermostat the toilet is stopped up
ive used drano and such he sends this guy to fix stuff and the guy isn't a plumber and he can't fix the thermostat either. so my wife and i have enccured bills just from living in this home for two months. the yard is filled with boulders and sticks which he stated he will fix and clean etc. the foundation is falling down litterally from water damage. I asked for our security so we could just leave at the end of the month. he said no what can i do
2 Answers from Attorneys
Re: landlord refuses to fix anything in the home
Sue him in small claims for out of pocket expenses.
Mike.
Re: landlord refuses to fix anything in the home
If you are on a lease, it depends how much time is left on the lease.
If you are not on a lease this would be a 30 day notice that you are moving out. When you pay the rent for june, in May, you give your notice for July 1,2008
A security deposit is just that, and cannot be used for payment of rent, and is not refundable until you move out and don't have damages to the property.
If you have to move out now, take pictures and document the deplorable living conditions. The defense to payment of rent is called warranty of habitability.
If he refuses to return the security deposit, you can bring an action in small claims court.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
