What are my rights/options?

Alex (@hollowinfinity) 9 years, 8 months ago

So, last week, a pipe under out kitchen sink busted when me and my roommate were each in our own rooms. We found out kitchen covered in inches of water. We notified the landlord, and he put a quick fix on it, the contractors he had hired came in and tore up the floor to the kitchen and the bathroom.
We were notified today that the walls, and floors were rotting, so they have to basically tear apart the walls and all that stuff, which means this place is unlivable by state standards. No water, no electricity soon.
We were told we have to find a place to live, or at least store our stuff by the weekend.
What are my rights here, and what are my landlord’s obligations to us?
I live in NY btw.

May 16, 2012 at 11:22 am
Annika (152) (@arenofnote) 9 years, 8 months ago ago
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Alex (551) (@hollowinfinity) 9 years, 8 months ago ago

Word, thank you. I gotta look into that stuff, from what I gather, the guy either has to find me a place to live, or give me full security and last months rent.
I have the option of moving in with a friend, but I think it may be better to let the dude pay for a place for me, and go from there, rather than losing the money, right?

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Alex (551) (@hollowinfinity) 9 years, 8 months ago ago

Please, anyone?

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Alicia Lee (146) (@aliwine) 9 years, 8 months ago ago

How long is it going to take to get fixed? If it isn’t going to take that long there is no point in boning your landlord. At least he is getting it all fixed up, there are many land lords that wouldn’t even do that. Then when it’s all fixed up you get a new kitchen! Woohoo!

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Alicia Lee (146) (@aliwine) 9 years, 8 months ago ago

However, if he isn’t fixing it you are 100% entitled to your last months rent and I would say this month that you just paid as well.

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DaJetPlane (994)M (@lytning91) 9 years, 8 months ago ago

@hollowinfinity, I had something similar happen to a friend of mine’s older brother. See if this gives you some sort of idea of what you should be asking for:

The guy had been searching for an apartment to stay in before school started. He had already addressed all of the financial obligations and all that was elft was to move in. Right before school was about to start, it was found out that the building was being condemned for having asbestos in the walls.

The friend, being a pretty smart individual, called the guy saying that he needed some sort of compensation in addition to the standard refunds because he was put on the spot, and was able to get an extra month’s rent out of it. He chose to look for his own place, though, and THEN ask the apartment owners for this extra month’s rent.

So here is my best advice: Try to coax them into giving you the free rent they might have given you before toward the new place you have found (maybe not giving away too much detail, like it being a buddy’s place). If you handle expressing the inconvenience well enough you might get the best of both worlds.

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Alex (551) (@hollowinfinity) 9 years, 8 months ago ago

Well this stuff just happened. We are forcibly being let go of the lease. We have until Saturday to get our shit out, because its deemed uninhabitable by standards. So, we all have to find somewhere else to live in like 3 days.
Its hard to find information for this online, but is my landlord required to pay us anything by law, or say pay for a hotel, or reimburse us full security and the last months rent?

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DaJetPlane (994)M (@lytning91) 9 years, 8 months ago ago

And I don’t think I made this clear: rather than being forced to stay within the landlord’s domain (might run into something like this again), express your dissatisfaction and ask for financial help relocating. It might be more trouble working with a landlord versus a company, but don’t allow yourself to be ran over. They sold you a lie, don’t let them get away with it

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DaJetPlane (994)M (@lytning91) 9 years, 8 months ago ago

The best I can do is have a friend who is familiar with the laws in this area take a look at your situation, but that may take a little while. I mean, it sounds to me like you could take this guy to court for screwing you over like this (you invested in a home that had poor upkeep from management and therefore were duped). There is compensation to be had, but I do not know where to draw the lines as I am yet to pursue the career of law. Thinking about it, though.

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Alex (551) (@hollowinfinity) 9 years, 8 months ago ago

@lytning91, Thank you sir. Our landlord certainly seems sympathetic about the entire thing. I just can hopefully work this out outside of court. Good thing my grandmother is a landlord, she is going to help me out, and my mother is friends with a few other landlords, so I might be able to find a place to live quickly in the very least. Compensation would be awesome tho.

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DaJetPlane (994)M (@lytning91) 9 years, 8 months ago ago

I wish you the best!

Any good landlord would never want to have a bad reputation, and I would hope they would understand the legal repercussions of being difficult at a time like this. You will probably make out just fine if your landlord is as chill as you say. Either way, good luck in your new place and sorry to hear about all the drama

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Alex (551) (@hollowinfinity) 9 years, 8 months ago ago

no need to make a thread, this is just me bitching about recent events.

ahfghkdafsghagjasdhfgkjahsdg

I also lost my ipod in the bar. :(
for some reason, all this stuff isn’t even getting to me. I have actually been in a great mood for the past few days..go figure. I feel like I should be royally pissed off. :P

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Angie (5) (@angbblue) 9 years, 8 months ago ago

@hollowinfinity,
Hi. Here’s what I found online “A landlord may not accept rent or a security deposit for residential rental property condemned or declared unfit for human habitation by a state or local authority if the tenancy started after the premises were condemned or declared unfit for human habitation. By violating this law, the landlord is liable to the tenant for actual damages and three times the amount of all money collected from the tenant after the date the property is condemned or declared unfit by state or local officials. This includes court costs and attorney’s fees. Actual damages can include items such as moving expenses, temporary lodging and other costs. (125) If a building is condemned, a landlord must return the tenant’s security deposit within five days after the tenant moves from the building, unless the tenant’s willful, malicious or irresponsible conduct caused the condemnation. (126)
Minnesota law states that if a building is destroyed or becomes uninhabitable or unfit to live in through no fault of the tenant, the tenant may vacate the rental unit. In that situation, the tenant is not required to pay further rent to the landlord. (127) If the building has not been condemned, however, a tenant who relies upon this law to break a lease may run the risk that a court will not agree that the building was uninhabitable. ”
And here’s where:http://www.ag.state.mn.us/Consumer/Housing/LT/LT2.asp

It sounds like the landlord is responsible for all your costs after the date the building was declared condemned, and your deposit. You might want to make sure you keep all your receipts for everything or have one wrote out to you. Make sure they state clearly what was spent on what. Good luck.

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