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NYFamilyAttorney
NYFamilyAttorney,
Category: Real Estate Law
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I wana sue my property manger and the board doing their job

Customer Question

I wana sue my property manger and the board for not doing their job
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Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Michael Gonzalez replied 8 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

What is the basis of your lawsuit?

Customer: replied 7 months ago.
the board and property manager not doing their job. we have termites their fixing rotton boards instead of tenting this place. cat lady is allowed to stay here and property value is going down her cats have health code violations and the police come and told her to clean it up but cats our still stinking up are building no fines for anyone we voted to change our ccr and the property manager lied and said it cost 7000 lol when I talked to Phil Simmons
ins he told me a 50 unit should only cost 2000 the kid downstairs stole my ups package no fine I won't pay HOF as long as this is still going on I want them to take to court so the judge can here all this please tell me my ins and outs and if you agree with me thank you
Expert:  NYFamilyAttorney replied 7 months ago.

Hello. I’m a licensed attorney with 36 years’ experience. I specialize in family law and appeals, and I have many years’ experience with landlord-tenant issues and contract law. I also have written hundreds of legal articles. I look forward to helping you today.

Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site. By continuing, you confirm that you understand and agree to these terms.

Oh, at the end of this session, I will ask you to please rate me as that’s the only way I get credit for helping you today. Thanks!

Expert:  NYFamilyAttorney replied 7 months ago.

I need to clarify some things -- what is directly affecting you? You don't have an interest in whether the property value goes down or not, but are you directly affected by the termites-- as I would assume you are, are they in your unit or nearby? -- and what other things directly affect your habitability of the apartment? The cats are nearby and you can smell that in your apartment?

Expert:  NYFamilyAttorney replied 7 months ago.

I want to help you with this but I just need some additional information from you as indicated above. I know it can be difficult living in tough conditions but I want to make sure the place is uninhabitable. If so, he has a duty to fix, so please let me know what is directly affecting you. Thanks!

Customer: replied 7 months ago.
I own my condo and yes it affects the price cause when people come to buy they see and smell all the cats the smell is bad as you walk in. this is a 50 unit condo complex. I don't know if the termites have enter my condo but they will eventually cause we our all connected. plus no fines by the board or property management for people breaking the rules. the guy below me stole my ups package the ups guy told me that he said he would give to me. and he stole it. more the 10 times in 4 years here I have issue that he has cause and he has never been fined also he beat up his girlfriend last week and got arrested I told the president of our board and again no action taken
Expert:  NYFamilyAttorney replied 7 months ago.

Okay thank you for that information. That will help a lot. I'll type up an answer for you.

Expert:  NYFamilyAttorney replied 7 months ago.

The board and property manager must give you a habitable place. So far from what you are telling me this is uninhabitable.

If it were a rental you would be able to vacate without paying rent but since it's a condo that's another situation entirely.

I would send him a letter, return receipt requested, saying that all of the following are making your building and unit uninhabitable, which is not permitted by law:

And then list the items:

termites and they have not properly removed them but are just doing a patch job to put up boards rather than treat the place for termites

Cats which were supposed to have been removed from the property

People interfering with the US mail, a federal offense, and he has to secure the mail for you

And whatever other conditions there are

State in the letter that you are going to give him 1 week to fix this -- and state that you don't want it patched up for the termites but you want a termite service to rid the building of termites! Also state that you want the cat lady to remove the cats or she needs to be evicted from the building.

Then state that if it's not fixed in a week, you will take him to court to sue for his breach of warranty of habitability or you will withhold fees until he fixes (you decide what you want to do).

I would suggest you discuss this with a landlord-tenant attorney if he doesn't fix after you have given him notice.

Make a copy of the letter. You are going to need that. Make two originals if you can, otherwise make a copy. Give them the chance to fix the premises, to secure the mail and to have the cats out. Tell them it's a health violation for the cats being there, etc. and that the police were there and they were supposed to have been removed.

If he hasn't made any attempt to fix the problem after a week or so, then you should see a local landlord tenant attorney for the next step.

Does this answer your question?

I hope this helps and clarifies. If you could, I'd appreciate it if you can rate me when finished. If you need additional information please let me know.

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Customer: replied 7 months ago.
I wanna know if I can just not pay my HOF and make them take me to court
Expert:  NYFamilyAttorney replied 7 months ago.

Yes you can withhold the HOF and they'll take you to court for it. I would suggest a consultation with a landlord-tenant attorney if you're going to do that. Ask for a free consultation so that all it will cost you is your time. You also have the right to make repairs but these repairs are not the type of repairs that you can do, and he has to take care of the cats and the mail.

Does this answer your question?

Thank you in advance for rating me. I work hard to give you thorough information and not just a one sentence answer.