Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

We have been renting an apartment in NYC since 12/1/10 with…

We have been renting an...
We have been renting an apartment in NYC since 12/1/10 with the understanding (written in an addendum of our lease) that the bathrooms would be upgraded and a washer/drier installed before we moved in. They were not ready and nothing has been done with the landlord basically saying that it will be delayed for a couple of months and that they are still paying off the rest of the renovation and can't afford to continue. Meanwhile he and his wife just took a 2 week vacation to Israel! (We know because they live above us). Anyway they scheduled a meeting with us for tonight to talk but just cancelled. I am furious and feel like we must have some recourse. I would like to get the agreed upon work done ourselves or take a rent reduction, or hold back our rent until this is resolved. Can I legally do this? Rent is due today and I am trying to figure out what to do. Thank you, Michelle
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 6 minutes by:
4/1/2010
FLACORPLAWYER
Category: Real Estate Law
Satisfied Customers: 4,634
Experience: 23 years as attorney NY and FL Bars.
Verified
I am assuming you mean you moved in on 12/01/09. If the addendum states that you can withhold the rent if the upgrades are not made, then you can. Otherwise, I would not withhold the rent since this issue does not affect the "fitness of the dwelling unit for human habitation". (But bluffing by making them ask for this month's rent may at least give you the opportunity to have the discussion you want to have). It should be obvious to you by now that these folks are liars and will do nothing voluntarily, you may have to seek the letter writing capabilities of a local lawyer, or declare the lease breached and move out eventually.
Ask Your Own Real Estate Law Question
Customer reply replied 8 years ago
Would this constitute a breach of lease? Can we make the agreed upon improvements and subtract that from our rent?
Do not make the improvements and subtract it from the rent. This is not an emergency issue. Whether it breaks the lease is questionable, and I can't give you a definite answer. Its a close question since the upgrades are not a habitability issue. If the lease is silent on this point, it depends upon the intent of the parties.
Ask Your Own Real Estate Law Question
Customer reply replied 8 years ago
The lease details that the owner's clear intent is to make the upgrades and they are quite specific. The only thing that is not mentioned in the lease is the timeline for doing the work. What is the worst thing that can happen to us if we do the upgrades ourselves. (example- the tub is disgustingly old and dirty and we have 2 small children. They promised to re-glaze the tub before we moved in and have still not done it. Also there is no electrical outlet in the master bathroom- isn't this a code violation? Also no vent for the stove-isn't that a safety issue? Thanks for your help with this issue!
Since the lease is silent as to when the upgrades would be made, i think you should get a local attorney involved to write them a demand letter. If you report the electrical issues then you are going to end up in a condemned apartment. Your contract is not strong enough to hold them in breach.
FLACORPLAWYER
Category: Real Estate Law
Satisfied Customers: 4,634
Experience: 23 years as attorney NY and FL Bars.
Verified
FLACORPLAWYER and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 8 years ago
Thank you-I appreciate the advice
You're welcome.
Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask FLACORPLAWYER Your Own Question
FLACORPLAWYER
FLACORPLAWYER
FLACORPLAWYER, Lawyer
Category: Real Estate Law
Satisfied Customers: 4,634
4,634 Satisfied Customers
Experience: 23 years as attorney NY and FL Bars.

FLACORPLAWYER is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
Under what exact circumstances are you allowed to legally
Under what exact circumstances are you allowed to legally have a kitchen AND a 3 piece bathroom in a cellar? It's a 2 family with a finished basement that I'm looking to legalize. Because it's a cella… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,275 satisfied customers
I have a 2 family house in NYC, with a basement "summer
I have a 2 family house in NYC, with a basement "summer kitchen" and bathroom that I rent as a one bedroom. I would like to evict a tenant who is currently paying rent. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
13,358 satisfied customers
Have one question. Purchased condo in NYC in 1999. Washer
Hi have one question. Purchased condo in NYC in 1999. Washer and Dryer were installed and deemed legal then - no issue during closing . THe itmes are mentioned in purchasing contract. Now 17 years lat… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
5,096 satisfied customers
We own a condo in Boca Raton, Florida. It's been in my
We own a condo in Boca Raton, Florida. It's been in my family since it has been built. The board have submitted new "rules" of the association. I am understanding that I wholly own the unit and whatev… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
We have a rent responsible clause in our lease. We would
We have a rent responsible clause in our lease. We would like to leave our lease early on Aug 14th (lease is through Sept 18th). Instead of looking for a new tenant, our apartment manager said they ar… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,617 satisfied customers
Months ago before our lease was up we told the landlord that
Hello. Months ago before our lease was up we told the landlord that we were buying a place and planned on closing Nov. 3. He then said we needed to sign the lease and would have to have a 90 day notic… read more
Loren
Loren
578 satisfied customers
I live in a NYC Mitchell Lama co op apartment. My mother signed
I live in a NYC Mitchell Lama co op apartment. My mother signed the stock cerficate for the shares in the Luna Park co op corp. over to me in 2001. She lived there with my father, and sometimes my bro… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
How much discounted rent should I give the tenant? It is related
How much discounted rent should I give the tenant? It is related to my questin above---The tenant in Unit 3 wants to move to the newly-renovated Unit 4.… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
Hello. Im in the process of renovating a historical home.
Hello. I'm in the process of renovating a historical home. It will definitely be done in the next couple of weeks. I have someone who would like to move in April 1 and sign a year lease. We have walke… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
Question 1: How do you figure the cost basis of a vacation
Question 1: How do you figure the cost basis of a vacation home that half was purchased in 1985 and the second half was purchased in 1998. The house has been rented out by the week, mainly in the summ… read more
lwpat
lwpat
Doctoral Degree
6,615 satisfied customers
I live in Troy, NY in a multiple dwelling apartment building.
I live in Troy, NY in a multiple dwelling apartment building. Hurricane Irene occurred on August 24. Our laundry room was flooded and the washers and dryers were rendered inoperable and thrown out. Si… read more
Richard
Richard
Owner
Doctoral Degree
4,519 satisfied customers
I have leased an apartment in New York City. It was supposed
I have leased an apartment in New York City. It was supposed to be fully renovated with two new balconies on the move-in date. As I got here, it was not at all fully renovated. The balcony was not eve… read more
Richard
Richard
Owner
Doctoral Degree
4,519 satisfied customers
DO I HAVE TO RENEWAL LEASE NOW OR WE CAN HOLD UNTILL THEY FIX
DO I HAVE TO RENEWAL LEASE NOW OR WE CAN HOLD UNTILL THEY FIX THE THINGS? (THE RENEWAL LEASE SHALL COMMENCE ON MAY 1 2011. CAN WE STOP PAY THEIR RENT UNTIL THEIR GET JOB DONE? WE HAVE PEELING IN OUR A… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
just received a certified letter from landlords lawyer for
just received a certified letter from landlords lawyer for not paying rent - it was a year lease and from the moment i moved in the apartment had one problem after the other- starting with misrepressn… read more
FLACORPLAWYER
FLACORPLAWYER
Lawyer
Doctoral Degree
4,634 satisfied customers
I live in New York City in rented shared accommodation and
I live in New York City in rented shared accommodation and our landlord renovated our bathroom. Consequently there was no working bathroom for about 3 weeks. As such all the tenants stayed with friend… read more
LawNinvest
LawNinvest
Attorney & Certified Mediator
Juris Doctorate
I have had previous questions answered by Shelley and it has
I have had previous questions answered by Shelley and it has helped. I hired a management co to lease and manage my out of town property. From the beginning things have been strange. I drove up to fin… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
The apartment facility where I have been living for the past
The apartment facility where I have been living for the past 10yrs in Kenner, Louisiana is now undergoing extensive exterior renovation, and the inclusion of new washer/dryer plumbing and installation… read more
FLACORPLAWYER
FLACORPLAWYER
Lawyer
Doctoral Degree
4,634 satisfied customers
My church is currently renting a store front and the landlord
My church is currently renting a store front and the landlord wants us out. When we first got the property, they did not fix nothing, and we invested over $10,000 for repairs that they should have don… read more
FLACORPLAWYER
FLACORPLAWYER
Lawyer
Doctoral Degree
4,634 satisfied customers

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x