1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Possible unaddressed health issue

Discussion in 'Commercial Landlord & Tenant Issues' started by Winterwasteland, Nov 13, 2018.

  1. Winterwasteland

    Winterwasteland Law Topic Starter New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    New York
    I live in New York state renting from a large corporation. The most recent issue I have experienced is excess noise being emitted from the baseboard heating unit in my bedroom that constantly wakes me up. I have addressed this with my landlord providing them video and audio clips of the issue to which they have responded with they will not be addressing this issue. All it would take is pulling back carpet and a couple floor boards to place some plastic fittings to prevent the noises from generating. As they're refusing to do anything about this and it is affecting my sleep causing insomnia, and affecting my anxiety, I would like to know if I have recourse in hiring a contractor to fix it myself and deduct this from rent as they're neglecting this issue?
     
  2. army judge

    army judge Super Moderator

    Messages:
    30,400
    Likes Received:
    4,130
    Trophy Points:
    113


    Even IF you paid for the "fix" WITHOUT obtaining the landlord's approval, you'd simply increase tensions with the landlord.

    It appears your landlord doesn't wish to make the "fix", therefore the only future recourse for you is initiate a search for new lodging and subsequently not renew your lease.

    I don't think the courts would side with you in this matter.
     
  3. adjusterjack

    adjusterjack Super Moderator

    Messages:
    6,656
    Likes Received:
    1,455
    Trophy Points:
    113

    NY does not have a "repair and deduct" statute so the only thing withholding any rent will get you is evicted for non-payment.

    NY does not have a specified list of landlord obligations so what you've got is what's in your lease and NY's Warranty of Habitability - Section 235-B:

    2017 New York Laws :: RPP - Real Property :: Article 7 - (Real Property) Landlord and Tenant

    Options:

    1 - Hire a lawyer to address the issue in writing to the landlord under threat of lawsuit.

    2 - Figure out how to fix it as cheaply as possible yourself and move on.

    3 - Wear earplugs to bed.

    Goes without saying, but I'll say it anyway. When your lease is up, find another place to live.
     
  4. Winterwasteland

    Winterwasteland Law Topic Starter New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    1
    In this file found online from a NYS government page, there is a section that discusses withholding rent for unresolved health related issues. Am I mistaken in reading this that I do actually have this right as long as notice is given?
     

    Attached Files:

  5. army judge

    army judge Super Moderator

    Messages:
    30,400
    Likes Received:
    4,130
    Trophy Points:
    113


    Withholding rent is a risky, dangerous, and very slippery slope.

    Proceeding without consulting YOUR lawyer, not anonymous internet entities, is very foolish.

    The law is often unable to remedy basic human dilemmas.

    However, no one here is the boss of you.
     
  6. adjusterjack

    adjusterjack Super Moderator

    Messages:
    6,656
    Likes Received:
    1,455
    Trophy Points:
    113

    Yes, you are mistaken.

    Starting on Page 10 of that guide and read the entire section regarding Rent Withholding:

    Having a reason for withholding rent doesn't stop the landlord from filing for eviction in court, it only gives you a possible (not a guaranteed) defense to the eviction which might or might not be successful.

    The guide admonishes you that rent withholding should only be done with advice from a lawyer.

    If you get it wrong, you're screwed.
     

Share This Page