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I currently have a tenant that decides to pay biweekly and…

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Hello I currently have...

Hello I currently have a tenant that decides to pay biweekly and the last time I paid me was November 29th and for the first half of December and they told me they would pay me no December 27th for the second half of December and that time on the 17th of December the frigerator went bad and I immediately went and got repairs for it and the repairs have not been completed as of this date today the 27th and now they're telling me and I also set up for rental frigerator to be delivered which the company has not fulfilled their side of the situation and was supposed to even make a delivery on Friday and they said they couldn't get the fridgerator in the door but I have the same size frigerator in the house it's just that the guy work too little and could not handle the job so they told me to get a small refrigerator delivered on Tuesday the 26th and they did not go neither did the tenant let me know it was not delivered until today the 27th now she's asking me for compensation of food meanwhile she still hasn't paid her rent and wants to take money out of the rent that was due today on the 27th but yet she's by weekly and has not paid and when I asked on the 16th of December where was the rent she said she couldn't pay it until the 27th she wants compensation for the food what should I do how much should I give her and compensation for the food over The Late rent that I told her she should have paid on the 15th can you help me how much should I calculate per day for food

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

New York Queens

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

The lease has been up for last 8 years I've asked you over and over again to pay monthly she continues to pay biweekly at her Leisure and I tried to explain to her when she gets paid 3 times in the bi-weekly pay month to pay the first two weeks of the pay. And she chooses the past she chooses and December was a three-time pay period for her since she gets paid bi-weekly

Submitted: 6 months ago.Category: Landlord-Tenant
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Answered in 5 minutes by:
12/27/2017
Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 13,375
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 6 months ago
Hello I do not see a response to my question
Lawyer: Legal Eagle, Lawyer replied 6 months ago

I'm sorry to hear about your situation. Ordinarily, if a landlord does not have a working fridge, then a tenant can withhold the rent until the repairs are made, but that is usually only if a landlord fails to make the repairs within a reasonable time. A landlord can choose to reimburse the tenant for their spoiled food or they can come to an agreement with the tenant on adequate compensation. If a tenant is late on their rent, as you know, the landlord has the right to evict them from the property, but while the tenant is still on the property, the landlord's obligation to make repairs is ongoing. In your case, it would probably be wise to consider how much she owes in late rent and deduct the reasonable value of the food that was spoiled in the refrigerator. Most people keep food that lasts for about 1-2 weeks in the fridge so you may want to ask her for her most recent grocery bill and tell her that you'll deduct that from the past due rent. You may also want to consider just paying her out now and then still have her give you the rent amount that is past due.

What other questions did you have for me regarding this?

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Customer reply replied 6 months ago
Thank you, ***** ***** great New Year..
Lawyer: Legal Eagle, Lawyer replied 6 months ago

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