Legal Question in Landlord & Tenant Law in New York

Landlords are Divorcing

Thanks in advance for your time in answering!

I got a letter from a lawyer saying that rent should be sent from the first of this month to some property management company.

We were hesitant to send our rent and called the attorney's office, which directed us to the Supreme Court. Someone there told us that the landlords are divorcing and not to pay rent anywhere until we get a notice of receivership signed by a judge.

I will also mention that we've had very infrequent hot water for 4 months (have complained to HPD, etc). This situation continues.

Are we ok to withhold our rent? What more can we do? What's going on, or where can we find answers on this?


Asked on 1/07/08, 4:32 pm

1 Answer from Attorneys
NEAL SPECTOR, ESQ. NEAL S. SPECTOR, P.C.

Re: Landlords are Divorcing

You can withhold your rent for lack of services as long as you understand that the landlord will eventually commence a non-payment eviction action against you to collect. At that time you will have the opportunity to assert your various defenses, etc.

When exactly that action will be commenced is hard to say given the facts you presented. But when (if) it does, certainly advise the Judge about the divorce action, unless it is the receiver who commences the action against you. If that happens, try to resolve the entire matter with him/her.

I still strongly recommend you speak with an attorney before taking any action.

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Answered on 1/07/08, 5:48 pm


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