Can i sue my landlord for neglect??

[Mcat87]

Hello , I reside in New York, my landlord lives in North Carolina. I have been renting for close to 6 years. The agreement we had was I take care of small issues ,he takes care of the big ones. We had a cesspool problem last year and was told it needed to be replaced. My landlord paid for the pump and told me after that it's my responsibility. I had to have it pumped 3 times in a 6 month period. We have had problems since. His answer was " well you have party's at your house and a lot of people using the bathroom. Also for the last 2.5 years the roof has been leaking , I got quotes and he got an insurance check. It took him about 6 months to get back to me and he drove up here with his wife to fix the roof , after he left the leaks were worse. Causing mold inside. He highered a contractor that replaced part of the roof. It was about 6 months after that the roof started leaking again. The mold has continued to get worse. We contacted him about the inside ceiling with the mold and he said he wasn't taking care of that at the time. That was about a year ago. Since then we have had some problem but he hasn't addressed any. He contacted us mid year of 2023 and said he was selling the house and our rent was going up $500 then the month after that another $200. All this without fixing anything. He has since been trying to higher real estate agents and contractors to fix some problems so he can sell the house. Can I sue him for neglect, since he waited all this time without any repair and now that he's selling he is trying to fix them?? I've replaced the inside ceiling twice and because of the leak it just gets worse . My family has gotten sick for weeks at a time and we've had contractors and other people tell us the mold Is bad and that can cause us to keep getting sick. I don't know what I can do but feel the landlord has neglected us and is trying to push us out

 

[Zigner]

No.
You may have other avenues available, but "neglect" is not one of them.

 

[l.gabriel0616]

you and your family just move out if its already keep happening, you can try to talk to an attorney for NYC HMC

 

[adjusterjack]

I don't know what I can do

You can find yourself another place to live, which is what you should have done years ago.

 

[quincy]

Hello , I reside in New York, my landlord lives in North Carolina. I have been renting for close to 6 years ... He highered a contractor that replaced part of the roof. ... He has since been trying to higher real estate agents and contractors to fix some problems ...

I am not sure why you have stayed at this rental as long as you have. The landlord obviously has not been the best at keeping the house in good condition. As soon as the mold started affecting your health and the health of your family, you should have been looking for a new place to live.

That said, I am not seeing that you have a good legal course of action. You can speak to a landlord/tenant lawyer in your area to determine this for sure.

Just a note on what I have bolded above: The English language does not always make sense which is why so many people struggle learning it. Instead of “highered” and “higher,” the words that belong in your post are “hired” and “hire.” They sound the same but are spelled differently (and actually, highered is not a real word).

 

[Mcat87]

No.
You may have other avenues available, but "neglect" is not one of them.

What other Avenues?? The house is almost uninhabitable, would that be something I can do? Just want to see what options my family and I have.

you and your family just move out if its already keep happening, you can try to talk to an attorney for NYC HMC

Trying to. Not that easy to find a spot , have 2 kids in school. 1 has a year left until she graduates. The landlord wants to rent he needs to take care of the property. I have never missed a payment

 

[quincy]

What other Avenues?? The house is almost uninhabitable, would that be something I can do? Just want to see what options my family and I have.

Trying to. Not that easy to find a spot , have 2 kids in school. 1 has a year left until she graduates. The landlord wants to rent he needs to take care of the property. I have never missed a payment

The house could very well be deemed uninhabitable, with the bathroom plumbing clogs, the leaking roof and the mold. If a city inspector is called to check the property, it could mean you are forced to move out rather than voluntarily moving. But if the landlord is planning to sell the house, a move seems inevitable regardless.

You can speak with an attorney in your area to see if your landlord can be held responsible for some of your moving expenses but your options appear to be limited.

 

[FarmerJ]

Before inspections comes out you may want to lean if your states laws speed up deposit return times when a rental unit is condemned . If you call inspections regarding the homes septic system being in failure and they condemn you will likely have to move out sooner than you wanted to, if you call inspections about the roof same thing, you may have to move out sooner than you want to. As to rent increases if your landlord gives you proper notice that meets what your lease or state laws say they must follow then your really not able to fight it , Your only easy recourse would be to call inspections about the roof and septic If your landlord is ordered to repair them and inspections signs off then you still can see your landlord selling the property and again if the landlord new or old wants you to move out your still entitled to the amount of notice your states laws or your lease requires or you can be the one to give proper notice to vacate and dont allow repair issues to go like they did at this rental, start next time by putting your repair request in writing sent via certificate of mailing ( lower cost or send via confirmed mail delivery but do it in writing keeping a copy for your records stapled to your postal reciept and if Future landlord still ignores your complaints call inspections to see if they can help you.

 

[Briella]

In certain areas, renters have the option to employ the "repair and deduct" method, wherein they can address issues themselves and subtract the expenses from their rent. They also have the right to report their landlord's negligence to the housing code inspector. If these actions fail to resolve the issue, tenants can resort to filing a lawsuit in small claims court for assistance...

 

[Zigner]

In certain areas, renters have the option to employ the "repair and deduct" method, wherein they can address issues themselves and subtract the expenses from their rent. They also have the right to report their landlord's negligence to the housing code inspector. If these actions fail to resolve the issue, tenants can resort to filing a lawsuit in small claims court for assistance.

Does "repair and deduct" work in New York? It's often wise to give information that is applicable to the poster's jurisdiction.

 

[quincy]

From New York’s Attorney General: “In extenuating circumstances, tenants may make necessary repairs and deduct reasonable repair costs from the rent.”

A tenant needs to notify the landlord first so the landlord has a reasonable opportunity to fix what needs fixing, and the tenant should keep all receipts and give copies to the landlord when deducting costs from the rent payment.

https://ag.ny.gov/resources/individuals/tenants-homeowners/legal-services-and-code-enforcement#repairs

Although repair-and-deduct sounds good in theory, a tenant in Mcat87’s situation would need money enough to hire a mold remediation specialist and a roofer and a plumber to make adequate repairs - and these expenses would generally be beyond the financial means of most tenants. A repair-and-deduct remedy is more commonly used for minor but necessary repairs to a rental unit, like fixing a broken lock or clogged toilet.

Anyway, apparently Mcat87 has attempted to make some repairs to the rental but the problems persist. Calling code enforcement is a possibility but with that comes the risk that the house is declared uninhabitable and Mcat87 will have to move out sooner than s/he wants to (although a future move seems inevitable).

A lawsuit is another possibility and perhaps Mcat87 can get a rebate on some rent and moving costs - if Mcat87 can find a different place to live.