Question
What are my rights as a renter?
My boyfriend and I have lived in our apt for 2 months now, when we looked at the apt it had no problems but when we moved in the former tenants dog had chewed a large hole in the wall as well as the molding in several places around the apt, also the faucet on the bathroom sink lifts up when you go to move it, there are exposed wires where a ceiling light use to be in the entrance so when you walk in there is no light to turn on and if there was a light we could not turn it on anyway since the light switch at the bottom of the stairs is busted, on top of that the smoke detectors are broken and missing batteries!! Our landlord keeps telling us he will get to it but never does! Best thing is he lives downstairs from us. What I want to know is can I LEGALLY withhold rent until he fixes these things? I live in Cheektowaga, NY not NYC, any information will be very helpful. ok so hes not required to fix "ugly" but when it poses a threat to my dog and there are pipes and everything showing isnt he then required to do something?
6 months ago - 3 answers
Best Answer
Chosen by Asker
As long as you have tried to get him to fix it first. You have to give him enough time and give him the requests in writing always keeping a copy for your records. Better than withholding rent would be to fix the problems out of rent money and turn in all the receipts to him plus the remainder of the rent, I bet he will fix any further problems timely. And don't fix it with the cheapest replacements either, that way he will think if he fixes he could get it cheaper.
by B
6 months ago
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Other Answers
I can speak for Nebraska Law only, but NY may be similar. No you can't withhold rent. You can in Nebraska send him a 14/30 notice. Give him two weeks to fix the problems or you move out in thirty days.
by Russell- 6 months ago
Regarding the chewed up spots: Landlords are NOT required to fix ugly! NO! It is ILLEGAL to with hold rent for things needing to be fixed! You do that and you will be evicted! The following is legal in most states. Double check for NY. Send him a certified letter stating the needed repairs. This is required before you can do anything for proof that he knows about it. He then has 30 days to get it fixed. If it still is not done then you can have a licensed contractor fix it and take ONLY that amount off the next months rent with a copy of the receipt. EDIT: A 14/30 notice is ONLY for the landlord to give the tenant. A tenant cannot serve that to the landlord! EDIT to your EDIT: OK, you did not say that the hole left anything exposed. He does need to fix that. He legally must fix anything that is a hazard. The moldings he does not.
by Wildcat- 6 months ago