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legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 8714
Experience:  Just Answer consultant at Self employed
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My landlord has not provided me heat or hot water since

Customer Question

My landlord has not provided me heat or hot water since September 5. I want to move out but my lease is over only in January. I am looking at another apartment that needs a confirmation but now they won't answer my calls or reply to my emails. Should I move out and go to Court?
Submitted: 4 months ago.
Category: Landlord-Tenant
Customer: replied 4 months ago.
After they couldn't provide heat or hot water they gave me electric heaters and installed a how water pump. But it is not sufficient for the whole building to take showers.
Customer: replied 4 months ago.
There are 3 rent-controlled tenants in my building of 5 apartments. They claim the company is doing that to try to move them out. But nobody can actually proove it.
Expert:  legalgems replied 4 months ago.

Good Day!A few minutes please as I review your question so I can provide you with legal information. Thanks!

Expert:  legalgems replied 4 months ago.

I am very sorry to hear this. Actually every landlord has an implied covenant in every lease which is the covenant of quiet use and enjoyment along with the implied covenant of habitability. If the landlord breaches this that can be constructive eviction.

Expert:  legalgems replied 4 months ago.

I am very sorry to hear this. Actually every landlord has an implied covenant in every lease which is the covenant of quiet use and enjoyment along with the implied covenant of habitability. If the landlord breaches this that can be constructive eviction.

Expert:  legalgems replied 4 months ago.

The landlord can be liable for the moving costs, along with difference in new rent. It is important to establish a basic necessity such as heat was not provided.

Expert:  legalgems replied 4 months ago.

So documenting requests for repairs and having a building inspector is standard.

Customer: replied 4 months ago.
But since I can't get in touch with them, should I just move out and keep paying the rent? Or should I just stop paying the rent?
Expert:  legalgems replied 4 months ago.

For construcroce eviction an attorney can help document and verify it is extreme enough to ensure tenant recovery which may include attorney fees.

Customer: replied 4 months ago.
i really need my security depoist of over 20 thousand dollars back.
Expert:  legalgems replied 4 months ago.

The tenant can also sue for a declaratory judgment where the judge determines the landlord is in breach. But a building inspector can also satisfy that goal.

Expert:  legalgems replied 4 months ago.

Refund of a security deposit would be permitted and required in constructive eviction so long as there is no tenant damage.

Expert:  legalgems replied 4 months ago.

This should give you an idea on how this type of case is looked at from a judge's perspective:
http://www.nycourts.gov/courts/ComDiv/lawreport/Vol13_No3/Pines-3Mb.pdf

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No attorney client relationship is created as this is general legal information, not advice; and a personal attorney should be hired if one wishes specific legal advice for their personal situation.

Expert:  legalgems replied 4 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!