Legal Question in Real Estate Law in New York
Rights as a Tenant
I have been living in an apartment complex in Stamford for 7 months now. In the winter time, we weren't getting enough heat. When we called maintenance (we get an answering service; we are not given a direct number to the maintenance office), we would get the same message, "There is heat. It's just not turned up high enough." Things would be fine for a day or two until the heat is turned way down again after that.
Now that the weather is changing, we are having problems with the hot water instead. It has been 2 weeks now since we have had a constant supply of hot water. If we were lucky, we would get lukewarm water. We have called numerous times but to no avail.
My lease expires in November. When I moved in, I paid 2 months' security and a month's rent. I am thinking of not paying my rent in July and August (since I don't expect to get my security payments back, I might as well use them in lieu of rent) and move out by September. Will my landlord be able to sue me? If they do, what kind of rights as a tenant do I have? Is there a counter-action that I can take besides suing them?
I would truly appreciate it if you'd give me as much information as possible. Thank you.
2 Answers from Attorneys
Re: Rights as a Tenant
If there is a local rent control agency or licensing agency, write your complaints to them. Also document them by writing a certified letter to the landlord. This may be important later. As to using the security to pay rent, this is usually not permitted, unless the lease indicates otherwise. Most states have laws that distinguish rent from security and do not allow security to be used to pay rent, absent a lease provision and/or an agreement with the landlord. The landlord could sue if the rent is paid by security, to have the security restored. If you know the lease will not be renewed, and the apartment is claen and does not require any extensive fixing up, try to reach some agreement with the landlord. Also, take pictures when you leave the apartment, to show its condition, so you can verify any unreasonable claims for damage by the landlord. Good Luck.
Walter
Re: Rights as a Tenant
Your landlaord can sue you for the amount of unpaid rent, but you have a counterclaim for a breach of the "implied Warranty of Habitability" which simply means that a tenant has a right to, and a landlord must furnish, the proper maintenance and services that a tenant has a right to expect, such as hot water, heat, etc. However, the Court must determine how much of the rent due is to be rebated to the tenant for such breach by the landlord. Some rent in all likelihood would be due the landlord, in any case. Unfortunately, your claim of lack of heat is stale and should have been made in the winter months, when you could have witheld a portion of the rent. Your claim of lack of hot water may entitle you to withold a portion of the rent, but not all.
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