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NFT: Landlord/Tenant Question - NYC

JayBinQueens : 6/17/2019 3:56 pm
I figured there may be at least one person on here who may have some experience with this.

I live in an apartment in NYC and our oven broke over a week ago. The management company who runs our building sucks and neither the building manager or super is answering emails/texts asking for updates as to when it will be fixed.

As a tenant, is there anything I'm able to (legally) do to?

Some thoughts I had were to hold back rent on next months check, or purchasing an oven myself and taking the amount off of the rent while including the receipt.

Open to any suggestions, except maybe blasting them in the butt
Holding back rent is a bad idea  
JerseyCityJoe : 6/17/2019 4:05 pm : link
Your apt is still habitable so you would be on shaky ground there.
Type up a letter  
BigBlueDownTheShore : 6/17/2019 4:10 pm : link
and have it post marked. In the letter state that you would like your oven fixed. If the oven is not fixed, you will be depositing your rent into an interest baring account.

(So you are opening up a separate account, and provide them with the account number, so they can see the funds in the account).

You will also state, that as soon as the oven is fixed or replaced, you will transfer the money in that separate account over to the landlord or management company.

YOU HAVE TO HAVE IT IN WRITING.
I do not know the answer to your question...  
Jan in DC : 6/17/2019 4:11 pm : link
but consulting a tenant advocacy group is always a decent starting ground.
Tenant Advocacy Groups in NYC - ( New Window )
Send a certified letter to all three and  
superspynyg : 6/17/2019 4:15 pm : link
if nothing you could sue.


if they are not answering  
Shirk130 : 6/17/2019 4:32 pm : link
I would suggest buying your own, and sending the receipt in with your rent minus the cost of the oven. Either they will accept, in which case you're all set, and if not, they will have to take you to court. Keep paying your rent other than that amount. Any NYC judge would side with you should they want to take you to LLT court.
listen to Big Blue down by the shore  
Chip : 6/17/2019 5:08 pm : link
at least that's what you can do in NH. If it is the oven it is probably the Bake Element.
Not to hi jack but  
Rover : 6/17/2019 5:54 pm : link
I myself had a question about subletting...it’s illegal but is it *wink* done?
Subletting  
DanMetroMan : 6/17/2019 5:56 pm : link
is legal if you submit for permission.
subleting is routine  
Vanzetti : 6/17/2019 6:11 pm : link
however, if you are in a rent controlled apt and you charge more than your rent to the subleter, you are liable for three times the difference between what you pay in rent and what you charge

also, you can't do it in a building with a super because you will get caught. You also have to tell the sublet that they can't move a bunch of stuff in. A laptop and bag of clothes, that's it.
it's usually better to charge a little less  
Vanzetti : 6/17/2019 6:13 pm : link
and get a better subleter. Get someone older with a career-type job. Don't rent to young girls whatever you do
You and the person you share the apt with should knock on the door  
Marty in Albany : 6/17/2019 7:53 pm : link
of the super or building manager and see what he has to say. Get him to inspect your oven and verify that it is not working. Get it all in writing from him if possible.

Ask him if he'll let you use his oven, or the one in an unoccupied apt. until yours is repaired. Do you cook a lot of fish? ;-)
Typically it's a management company, not just the manager  
idiotsavant : 6/17/2019 7:57 pm : link
They may be very busy. Be mindful that your buildings manager might be slammed and call some other folks in the managers office.

Nobody fixes stoves any more. Beg for a new one and accept a cheap one.
Apparently  
idiotsavant : 6/17/2019 8:03 pm : link
Buildings have sick expenses, insurance, fire code compliance, taxes, etc etc etc. Repairs. Elevators, jeeesus.

The owners might pressure the manager to look for repair on appliances, but it's just rare and folks just don't show up.

You might need new. Even find online the cheapest new that fits your spot and send suggested appliance via email to manager so they know your not pushy or crazy.
Think about the cost to remove a stove  
idiotsavant : 6/17/2019 8:06 pm : link
Take it to a shop, fix it, arrange when you are home, return it. Just the carry piece is money.

Whereas buy new, it's installed, boom.
Thanks for the tips  
JayBinQueens : 6/18/2019 10:00 am : link
so far.

I included read receipts on my last email as proof she is aware of the issue and it was just read (they have used excuses like not receiving any notification about issues in the past).

Hopefully I don't need to do more but I'll use the advice above if there is no response today or tomorrow

The covenant to pay rent is distinct  
Mike in NY : 6/18/2019 10:32 am : link
From other parts of the Lease so you will get yourself into more trouble by withholding rent. You are better off paying out of pocket for it then suing landlord to recover.
RE: Thanks for the tips  
Mike in NY : 6/18/2019 10:34 am : link
In comment 14475392 JayBinQueens said:
Quote:
so far.

I included read receipts on my last email as proof she is aware of the issue and it was just read (they have used excuses like not receiving any notification about issues in the past).

Hopefully I don't need to do more but I'll use the advice above if there is no response today or tomorrow


I would also send receipts for any monies you laid out certified mail return receipt requested so that you have proof of delivery.
RE: Think about the cost to remove a stove  
TheGhostofBlueGuy : 6/18/2019 1:00 pm : link
In comment 14474818 idiotsavant said:
Quote:
Take it to a shop, fix it, arrange when you are home, return it. Just the carry piece is money.

Whereas buy new, it's installed, boom.


What planet do you live on? They fix them onsite in apartments. Pay to have an appliance repair person come and determine whether it is worth it to repair or replace. Path of least resistance.
RE: subleting is routine  
Rover : 6/18/2019 9:02 pm : link
In comment 14474717 Vanzetti said:
Quote:
however, if you are in a rent controlled apt and you charge more than your rent to the subleter, you are liable for three times the difference between what you pay in rent and what you charge

also, you can't do it in a building with a super because you will get caught. You also have to tell the sublet that they can't move a bunch of stuff in. A laptop and bag of clothes, that's it.

My building DOES NOT permit subletting, we do have a super.
But I've been told by others, since I am leaving it furnished, he keeps a low profile I'm good.

Now I kinda am kicking myself for not charging more than my rent!
I thought it was illegal.
Give the super a hundy  
idiotsavant : 6/18/2019 9:19 pm : link
.
Fixing stove  
idiotsavant : 6/18/2019 9:22 pm : link
In my experience they (repair guys) often don't show up (as in OP) If it's a cheap (nothing's cheap, but the appliances might be) , it's hard to get anyone to show up for a fix.

If the stove was cheap and hasn't been replaced since 1875. Go for the inexpensive new one.
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