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Landlord not addressing issues, N.Y. Upkeep, No

Customer Question
Landlord not addressing issues ...

Landlord not addressing issues

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

N.Y.

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

Upkeep

Submitted: 9 months ago.Category: Landlord-Tenant
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Answered in 28 minutes by:
9/17/2017
Lawyer: Bill Attorney, Lawyer replied 9 months ago
Bill Attorney
Category: Landlord-Tenant
Satisfied Customers: 2,423
Experience: Attorney
Verified

Dear Customer ,

Thank You for posting your landlord tenant question today. I'm attorney Bill an experienced local attorney. The laws in relation to landlord tenant law make it an implied warranty that the landlord keep the apartment/ house in habitable condition.

Failure of the landlord to address your complaints allows you in a law a right to claim an amount proportionate to the amount that your living conditions have been impacted.

Before withholding rent for the landlord's failure to maintain the property you should send him a written notice of your complaints.

You right to deduct rent is contained with the real property code :

"

1. In every written or oral lease or rental agreement for residential premises the landlord or lessor shall be deemed to covenant and warrant that the premises so leased or rented and all areas used in connection therewith in common with other tenants or residents are fit for human habitation and for the uses reasonably intended by the parties and that the occupants of such premises shall not be subjected to any conditions which would be dangerous, hazardous or detrimental to their life, health or safety.  When any such condition has been caused by the misconduct of the tenant or lessee or persons under his direction or control, it shall not constitute a breach of such covenants and warranties.

2. Any agreement by a lessee or tenant of a dwelling waiving or modifying his rights as set forth in this section shall be void as contrary to public policy.

3. In determining the amount of damages sustained by a tenant as a result of a breach of the warranty set forth in the section, the court;  [FN1]

(a) need not require any expert testimony;  and

(b) shall, to the extent the warranty is breached or cannot be cured by reason of a strike or other labor dispute which is not caused primarily by the individual landlord or lessor and such damages are attributable to such strike, exclude recovery to such extent, except to the extent of the net savings, if any, to the landlord or lessor by reason of such strike or labor dispute allocable to the tenant's premises, provided, however, that the landlord or lesser  [FN2] has made a good faith attempt, where practicable, to cure the breach."

We are here to help.

Please follow up with me if you require any further help or assistance.

In return remember to rate positively.

You do this by rating 5*****, 4**** or better.

SO I hope you rate FIVE STARS today.

As I'm not an employee of justanswer I rely on your positive feedback to get a credit.

Thank You

Attorney Bill

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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