Landlord Refuses Repairs...Told to leave. HELP!

[fubarre]

Hi,
I have asked that the furnace of our apartment be looked at by a professional in the begining of the season because there was black residue coming from the vents and an odor. When nothing was done I went out and bought a really good new filter and it seemed to help. New tenants just moved in to the apartment above us (live in a two family) and they smoke cigarettes and we suspect perhaps drugs but are not sure. Bt anyway the smell is coming through our vents because of huge gaps and cracks in the duct system in the basement. You can see and feel the heat escaping. I have tried to repair them myself and had some success but not enough we are both feeling sick with headaches and this offensive odor. We called the landlord who said there wasnt anything they could do about it and I said to get the ducts repaired and they said we could leave. We would love to leave but we have not found a place yet, we have been looking but is it illgal that we are told to leave becuase we are asking for safety and health repairs? She asked them to not smoke upstairs but they are not and we can also not deal with this. As soon as we can get out we will but we do not feel we should be subject to this at all.

 

[Michael Wechsler]

Most important is for you to write a letter, certified return receipt, and send to your landlord regarding these problems. He is responsible to ensure that the home is maintained in good condition. If you need to do repairs, it is possible to do so and abate the amount from your rent but make sure to FIRST notify the landlord in writing.

Regarding cigarette smoking, is there anything said to this effect in your lease? Are there any local ordinances that may deal with this? In addition, you should notify your landlord regarding the cigarette fumes and it is his responsibility to make sure that his own tenants are not creating a situation which is forcing you to be unable to enjoy your tenancy. The landlord has the ability to control this situation and you should send a ltter stating that you will be forced to leave shortly if this situation continues due to health reasons and due to the smoke making the ability to live there impossible. If there is residue, definitely take pictures.

I have found that sending written correspondence and notification of these conditions moves people. Talk is just talk and will not get you far or protect you when it comes time to go to court, if it ever gets that far.

Hi,
I have asked that the furnace of our apartment be looked at by a professional in the begining of the season because there was black residue coming from the vents and an odor. When nothing was done I went out and bought a really good new filter and it seemed to help. New tenants just moved in to the apartment above us (live in a two family) and they smoke cigarettes and we suspect perhaps drugs but are not sure. Bt anyway the smell is coming through our vents because of huge gaps and cracks in the duct system in the basement. You can see and feel the heat escaping. I have tried to repair them myself and had some success but not enough we are both feeling sick with headaches and this offensive odor. We called the landlord who said there wasnt anything they could do about it and I said to get the ducts repaired and they said we could leave. We would love to leave but we have not found a place yet, we have been looking but is it illgal that we are told to leave becuase we are asking for safety and health repairs? She asked them to not smoke upstairs but they are not and we can also not deal with this. As soon as we can get out we will but we do not feel we should be subject to this at all.