Repair Demand Letter

[rdidio]

What is the name of your state (only U.S. law)? upstate NY

I'm writing a CRR repair demand letter to my landlord, but can't seem to find what the timeframe is to make repairs. I looked at the tenants rights guide, and this is all I could find -

LANDLORDS’ DUTY OF REPAIR
Landlords of multiple dwellings must keep the apartments and the building’s public areas in “good repair” and clean and free of vermin, garbage or other offensive material. Landlords are required to maintain electrical, plumbing, sanitary, heating and ventilating systems and appliances landlords install, such as refrigerators and stoves, in good and safe working order. Tenants should bring complaints to the attention of their local housing officials. Multiple Dwelling Law §78 and §80; Multiple Residence Law §174. The Multiple Dwelling Law applies to cities with a population of 325,000 or more and the Multiple Residence Law applies to cities with less than 325,000 and to all towns and villages.


I just want to make sure I put the correct date in the letter as to when the repairs need to be made. Can anyone point me in the right direction? Thanks!!

 

[Gail in Georgia]

Depends on what type of repairs are needed. If these repairs involve emergency situations (i.e., situations that would impact your health or safety), it seems to make more sense to call the landlord/management for a faster response to addressing these issues.

Gail

 

[rdidio]

Thanks Gail!

I have contacted the LL several times and he keeps saying he will fix it, but it has been almost a month with no repairs made. So I would like to send him CRR so that it's in writing and then take the appropriate steps.

My ceilings are drop ceilings and some of the plaster ceiling above the drops collapsed, bringing down one of the ceiling tiles. It could potentially be a hazard if more of the plaster collapses, but so far no more has fallen down.

 

[Gail in Georgia]

Give him a week to get out there and look at the problem. From the sound of it, one cannot really guess how long the actual repair might take (i.e., will the repair only need to address the area where the plaster fell or will the entire ceiling need to be addressed).

Your options in New York state if the landlord does not respond:

Landlord Won't Make Repairs | Legal Assistance of Western Ne

Gail

 

[rdidio]

Great, thanks so much!! I will plan on sending the letter out tomorrow or Weds.

Here's what I have so far -

"Dear [landlord]:

I am located at [my address]. As you know, on Sunday 9/4/11, ceiling plaster above the drop ceiling located in the second bedroom collapsed onto the drop ceiling. One ceiling tile was knocked down and broken due to the falling plaster. Since that happened, I have spoken to you on 9/7/11, 9/19/11, and left you a voicemail on 9/26/11. You have failed to make any of the necessary repairs. The ceiling poses a hazard if it is not repaired – more plaster and/or ceiling tiles may collapse.

If I do not hear from you by [date], then I will have to hire a contractor to make the repairs and deduct the cost from the next rent check and/or contact Village code enforcement. I look forward to your prompt cooperation.

Thank you for your assistance in this matter.

Sincerely,
[tenant]"

 

[applecruncher]

I agree with sending him a letter. However, I would first look into putting your rent into escrow (check with your county municipal court) vs. hiring a contractor. You don't know how costly this will be - most likely it will be more than what your rent is. You should not have to pay then deduct from rent. Putting rent on deposit with the court is a good way to get some action, and it also protects you.

 

[rdidio]

I agree with sending him a letter. However, I would first look into putting your rent into escrow (check with your county municipal court) vs. hiring a contractor. You don't know how costly this will be - most likely it will be more than what your rent is. You should not have to pay then deduct from rent. Putting rent on deposit with the court is a good way to get some action, and it also protects you.

Do you think it would be a good idea to contact code enforcement first? That way, they can force him to fix it? If he doesn't fix it after that, THEN contact a contractor?

I have to pay my rent this week and I'm going to pay in full this time as I need to figure out how I'm going to handle this before I go with-holding rent, etc.

 

[BL]

I would guess code enforcement would give 30 days to repair .

If the landlord has not fixed/repaired in that time frame , call in code inspection .

They will write it up and order the LL to repair .

If the drop ceiling is starting to sag , then sooner repair may be needed .

I'd write the letter in such a way as not to be threatening .

Such as I have notified you on ( dates ) of needed repair .

I really would not want to call in code inspector , but may have no other choice if repair is not started soon .

I'm sure that will get some attention as the LL will know if code inspection occurred ,the inspector may find more violations than the LL can chew on .

 

[rdidio]

Thank you all so much for the advice!

I definitely don't WANT to call code enforcement as I wouldn't be surprised if there were more issues. I do not want to move at all. For the most part, the apt is great and the location is perfect - I just want the LL to fix the issues and be done with it. I just renewed my lease in August for 2 more years.

One more question - I took several pictures as soon as it happened - should I include those with the letter?

 

[Banned_Princess]

What is the name of your state (only U.S. law)? upstate NY

I'm writing a CRR repair demand letter to my landlord, but can't seem to find what the timeframe is to make repairs. I looked at the tenants rights guide, and this is all I could find -

LANDLORDS’ DUTY OF REPAIR
Landlords of multiple dwellings must keep the apartments and the building’s public areas in “good repair” and clean and free of vermin, garbage or other offensive material. Landlords are required to maintain electrical, plumbing, sanitary, heating and ventilating systems and appliances landlords install, such as refrigerators and stoves, in good and safe working order. Tenants should bring complaints to the attention of their local housing officials. Multiple Dwelling Law §78 and §80; Multiple Residence Law §174. The Multiple Dwelling Law applies to cities with a population of 325,000 or more and the Multiple Residence Law applies to cities with less than 325,000 and to all towns and villages.


I just want to make sure I put the correct date in the letter as to when the repairs need to be made. Can anyone point me in the right direction? Thanks!!

Do you live in an apartment building? does the LL rent out a duplex?

what exactly is your problem, do you live in a section 8 housing?

 

[applecruncher]

Do you think it would be a good idea to contact code enforcement first? That way, they can force him to fix it? If he doesn't fix it after that, THEN contact a contractor?

I have to pay my rent this week and I'm going to pay in full this time as I need to figure out how I'm going to handle this before I go with-holding rent, etc.

As I've already said, you need to 1) contact your local rent escrow office 2) send letter to landlord CRR.

As far as contacting code enforcement, that's fine (I know more about rent escros than code enforcement - others here might have more expertise re:code enforcement. I don't know how quckly they act.)

I would not contact a contractor AT ALL. That is landlord's responsibility. I don't see how I can be any clearer.

 

[Gail in Georgia]

Again, the steps to take in New York state are outlined in the attached:

Landlord Won't Make Repairs | Legal Assistance of Western Ne

Gail

 

[BL]

Again, the steps to take in New York state are outlined in the attached:

Landlord Won't Make Repairs | Legal Assistance of Western Ne

Gail

If you read here:

[U]http://www.oag.state.ny.us/bureaus/real_estate_finance/pdfs/tenants_rights_guide.pdf[/U]

You can ONLY repair and deduct in extenuating circumstances ,such as notifying the LL your entrance door lock needs repair and the LL willfully neglects to repair it .

 

[Gail in Georgia]

Just as rent withholding should be used only after you've carefully followed the guidelines outlined for doing so.

Gail

 

[Searchertwin]

Keep in mind that if LL hires someone to do the repair, it may take longer and you will still have to pay rent while the repairs are being done and waiting for contractor to start repairs.

Keep in mind, that a contractor time frame is when HE can fit the work in, not you nor the LL.