Legal Question in Landlord & Tenant Law in New York
Rent, lease and repairs dilemma
My lease expired July 31, 2003 and I choose not to renew by writing a letter to my landlord. They received it but I did not find an apt in time to move out before the 31 of July. I am still in the apt right now and my landlord has called me and said because of that my lease is ''automatically'' renewed. Can this be? I did not sign a new lease. The second issue is part of the apartment, the bathroom ceiling has been in bad condition. The management called for august 2003 rent but i did not pay because the apt is not worth it anymore. This summer I had heat in the apartment, no hot water for about 20 days as the other tenants. in fact the building was taken to court to fix these problems and other apartments. I really want to move out. I dont want my credit report to reflect not paying rent. BUt also another delimma is I lost my job in May 2003. I am struggling student of Hunter and I need legal advice right away what to do. The Landlord RE Mgmt attorneys sent me notice to pay rent or give up possession of apt. But how can they expect full rent when the apartment is not worth full rent.
2 Answers from Attorneys
Re: Rent, lease and repairs dilemma
Your lease should not automatically be renewed, under NY law you would be considered a month to month tenant and your landlord does have obligations to make those repairs and you certainly may have a rental abatement claim�..however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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Re: Rent, lease and repairs dilemma
This is a difficult situation. A housing court judge may not agree with your landlord on the issue of lease renewal. A judge may find that you are rather a 'holdover tenant'. This is not a slam-dunk, but you are in good shape on this point. However, as you know, you must find a new plave soon.
Regarding the damages to the apartment, that is another matter. You are talking about 'witholding 'rent because the apt is unfit. That is a valid action that will be supported by the courts if the appropriate facts can be established. But to make this defense work you must put the full rent (or whatever you are witholding from the landlord) into a separate bank (savings or checking) account.
You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029
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