Legal Question in Landlord & Tenant Law in New York

Not Paying Rent

I have been having issues with my community and there were things in my apartment that should be repaired and it took almost 6 months to have it look at. I asked for a concession along with a monthly discount for the rent due to inconvenience.I have sent several emails and letters to the office disagreeing with the discount and service. I have not paid rent in 2 months. I also have excessive electric bills for a 700 sq ft apartment and they will not provide proof of usage. I travel a great deal and know that my bill should not be as high. Also there were two of us on the lease but only one of us signed it.

1. Should I pay the rent and move?

2. What are my rights as a dissatisfied tenat?

3. Is the office required to respond to my letters after being told to hold my rent and electric payment until notified?

4. What can I do to protect myself?


Asked on 3/12/05, 10:04 am

2 Answers from Attorneys
Steven Czik CZIK LAW PLLC

Re: Not Paying Rent

From the facts you've stated you may have several options available, �..this area of law does happen to be one of our specialties, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation to discuss those options.

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Answered on 3/14/05, 11:05 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Not Paying Rent

Landlord & Tenant law is always interesting.

First, remember that you have 2 months rent in cash in a separate bank account. If you choose to leave, you may be able to keep that money. That may be a factor in your decision.

Second, The building may have violated your 'warranty of habitability' and that may justify a rent discount for the 6 months. You don't tell me much and that is an issue that is 100% dependant on the individual facts.

In addition, if your lease says you pay only for electricities that you use, then you have a right to have Con Edison check the meter. You must contact Con Ed and the apartment building must give you access to the meters. (Of course, they could make all of the arrangements with ConEd if they chose. But don't let that stop you from contacting ConEd.)

Third, they have no duty to write back to you or otherwise acknowledge your letters. Of course, at the end of the 3rd month you will be contacted by their lawyers.

You should meet with a lawyer and make preparations. Better to be prepared in advance.

Fourth, as indicated in #2 and #3, contact ConEd and discuss the delayed repairs with a lawyer.

You are welcome to a consultation for no fee.

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Answered on 3/14/05, 2:41 pm


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