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Door lock was broken in.

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A

acetaminophen

Guest
What is the name of your state? NY (where else would this happen?).

I have a few ?s please.
1. A few nights ago, at 10:30pm beleive it or not, some one came to my front door with a hammer and screwdriver or crowbar and broke off the deadbolt of the apartment I am renting. The apartment is landlord occupied 2 family house. The lock was not the only lock on the door it was the second of two locks and the only one I used. This lock was supposedly not the landlords but it does not say anything about it in the lease. The question is whose responsibility does this fall under to replace. Also the door itself is bashed in and even if I were to replace the lock, which I am really ready to do, it wouldnt be safe as there is a space between the lock and the door because it is all bashed in.

2. The apartment has heat that is controlled by me and paid by me. Is there any law that says that all the radiators that were there from when I rented need to be working? The radiator in my bedroom has a stuck valve that wont turn on and so no heat comes in. What are the laws of habitability does there need to be heat in just one room? Can he tell me to sleep in the living room? How about the kitchen there is no radiator in there either and the windows is so old there is spaces around parts of it that the wind blows straight in.

3. The lock on one of my windows is broken and the landlord refuses to fix it and I am worried that it is not so safe, I was robbed once already, is there anything I can do?

4. The lease says that I must pay rent every month even if there are things that the landlord is required to fix and he doesnt. Is that legal? does that mean I cannot deduct what I pay to fix things that he has to fix and refuses from the rent?

5. Thanks alot.
 


HomeGuru

Senior Member
acetaminophen said:
What is the name of your state? NY (where else would this happen?).

I have a few ?s please.
1. A few nights ago, at 10:30pm beleive it or not, some one came to my front door with a hammer and screwdriver or crowbar and broke off the deadbolt of the apartment I am renting. The apartment is landlord occupied 2 family house. The lock was not the only lock on the door it was the second of two locks and the only one I used. This lock was supposedly not the landlords but it does not say anything about it in the lease. The question is whose responsibility does this fall under to replace. Also the door itself is bashed in and even if I were to replace the lock, which I am really ready to do, it wouldnt be safe as there is a space between the lock and the door because it is all bashed in.

2. The apartment has heat that is controlled by me and paid by me. Is there any law that says that all the radiators that were there from when I rented need to be working? The radiator in my bedroom has a stuck valve that wont turn on and so no heat comes in. What are the laws of habitability does there need to be heat in just one room? Can he tell me to sleep in the living room? How about the kitchen there is no radiator in there either and the windows is so old there is spaces around parts of it that the wind blows straight in.

3. The lock on one of my windows is broken and the landlord refuses to fix it and I am worried that it is not so safe, I was robbed once already, is there anything I can do?

4. The lease says that I must pay rent every month even if there are things that the landlord is required to fix and he doesnt. Is that legal? does that mean I cannot deduct what I pay to fix things that he has to fix and refuses from the rent?

5. Thanks alot.
**A: after you thoroughly read the NY L/T laws, please post back with specific questions.
 

Ciarraine

Member
acetaminophen said:
What is the name of your state? NY (where else would this happen?).

I have a few ?s please.
1. A few nights ago, at 10:30pm beleive it or not, some one came to my front door with a hammer and screwdriver or crowbar and broke off the deadbolt of the apartment I am renting. The apartment is landlord occupied 2 family house. The lock was not the only lock on the door it was the second of two locks and the only one I used. This lock was supposedly not the landlords but it does not say anything about it in the lease. The question is whose responsibility does this fall under to replace. Also the door itself is bashed in and even if I were to replace the lock, which I am really ready to do, it wouldnt be safe as there is a space between the lock and the door because it is all bashed in.
It's your landlord's responsibility to repair the damage. It is probably covered by his homeowner's insurance.

acetaminophen said:
2. The apartment has heat that is controlled by me and paid by me. Is there any law that says that all the radiators that were there from when I rented need to be working? The radiator in my bedroom has a stuck valve that wont turn on and so no heat comes in. What are the laws of habitability does there need to be heat in just one room? Can he tell me to sleep in the living room? How about the kitchen there is no radiator in there either and the windows is so old there is spaces around parts of it that the wind blows straight in.
I'm guessing your kitchen, from the age of the property, once upon a time had a stove that provided a lot of the heat. Space heater will solve your problem. Weather stripping will reduce your heat bill. Working out some sort of compromise with your landlord to repair the stuck valve is in both of your interests.

Yes, there are legal ways to be more assertive, but you win more flies with honey than with vinegar.

acetaminophen said:
3. The lock on one of my windows is broken and the landlord refuses to fix it and I am worried that it is not so safe, I was robbed once already, is there anything I can do?
That sort of lock is cheap. Just get one and install it yourself.

acetaminophen said:
4. The lease says that I must pay rent every month even if there are things that the landlord is required to fix and he doesnt. Is that legal? does that mean I cannot deduct what I pay to fix things that he has to fix and refuses from the rent?

5. Thanks alot.
Yes, it is. New York law have an implied warranty of habitability, however, so if you really are being made to live in intolerable conditions you might reach out to a L/T attorney, a tenant's rights group, or something similar.
 
A

acetaminophen

Guest
specific questions

1. Does the fact that a landlord is rewuired to fix appliances that were there at the begining of the term, such as dishwasher or garbage disposal, even those not required to be supplied apply to the lock on the front door and the door itself. Or is that law only for appliances?

2. Implied waranty of habitability. Does that mean that the bedroom has heat or do I have to sleep in the living room. Also is that included as a broken appliance like in question 1?

3. Is a broken window considered unsafe and would be the LL responsibility to fix it and be responsible for stuff stolen because of it after he refuses to fix it?

4. *still checking up*, do you know where I can find more info?

5. I appreciate yor help. Is there anything else you need to know?
 
A

acetaminophen

Guest
Ciarraine said:
It's your landlord's responsibility to repair the damage. It is probably covered by his homeowner's insurance.
He doesnt want to pay a deductable.


Ciarraine said:
I'm guessing your kitchen, from the age of the property, once upon a time had a stove that provided a lot of the heat. Space heater will solve your problem. Weather stripping will reduce your heat bill. Working out some sort of compromise with your landlord to repair the stuck valve is in both of your interests.
He has no interest besides saving money now.

Ciarraine said:
Yes, there are legal ways to be more assertive, but you win more flies with honey than with vinegar.
I have called him a few times. This is the third time this apartment was robbed.


Ciarraine said:
That sort of lock is cheap. Just get one and install it yourself.
It is and I will but i need a door to attach it to.


Thank you.
 

BL

Senior Member
Call the Building code enforcement Office and file a complaint. They will send out an inspector. Anything not up to code will be the Landlord's responsibility to fix. They will give him X amount of time to do it. In the meantime keep paying your rent .
 

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