Legal Question in Landlord & Tenant Law in New York

We have withheld rent from our landlord in Canton NY for deffered maintenance for 2 months because of septic back up and we have since moved out and the code enforcement office has deemed the residence unsafe and unliveable. Roto rooter charges $189 fee plus a $59 trip charge for there visits to do the work that we did on our own.....we informed the landlord sveral times about this problem and he kept telling us he would get there and to snake it but he never showed up and when he finally called about rent we told him we were moving do to the unsfae conditions. Do we have the legal right to draw up an itemized bill for the once a week for six months of maintenance we did snaking the septic?


Asked on 5/11/11, 10:44 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Q. Do we have the legal right to draw up an itemized bill for the once a week for six months of maintenance we did snaking the septic?

A. Interesting. However, I assume that you are not a licensed plumber. You certainly do not own the house. If you send the bill you may be held responsible by the landlord for damaging the system. You may get more than you bargained for.

Mike.

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Answered on 5/11/11, 11:07 am


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