back in 2011, when irene hit, it messed up our oil tank for our heaters. they still worked that year, but by the time 2012 came, they no longer worked. the landlord said he couldnt do anything during the winter, but wanted to put in electric heating. so he gave us space heaters for the winter, saying it was
back in 2011, when irene hit, it messed up our oil tank for our heaters. they still worked that year, but by the time 2012 came, they no longer worked. the landlord said he couldnt do anything during the winter, but wanted to put in electric heating. so he gave us space heaters for the winter, saying it was temporary. well it's now 2016, and we're still using the same space heaters for our main and only source of heat. they blow the breakers all the time. he always says he'll fix it in the spring, then when spring comes, he says he will have it fixed before winter comes. every time we try to get ahold of him or his "handy man" that actually lives near us (the landlord lives in new york city, 4 hours away) they claim they need to get an electrician to upgrade our electric or something, then when i ask if they got a hold of him yet or not, they say they havent gotten in touch with him, or that he's too busy to do his own job.
I've looked up what requirements have to be made as in what temperature it has to be outside, and during what months. what i can't find is how much notice i need to give to withhold rent. being that it's been four years no real heat, im not sure if i can just write him and tell him he isn't getting his rent during these months until he fixes it. i also know i have to deposite the money into an account and send him the checking slips.
Google 'New York Tenant Landlord law,' but by law no US state allows you to withhold rent for time that you've occupied the unit. You have been willing to live with the inconvenience for 4 years–that's how a small claims court would see it. Best to just look for a new place and give your required notice. If, however, the landlord knows you are serious about moving out, he may fix the heater because he'll have trouble finding a tenant to replace you unless he does–so if you convince him you're serious about moving, he might pull through and have the heater fixed.
1st of all, get some cheap thermometers to put in the rooms and make records of the indoor temperature while running the heaters.
2nd, try to figure out which circuits go to which outlets….and then try to get the heaters on separate circuits.
if you have to temporarily turn off a heater while you run something like a blow dryer, microwave, or vacuum you will need to do that.
only if there is no way to get the space heaters to work safely will you have the option to play hardball…space heaters are real heat..
YA isn't a good place for legal advice..if you honestly tried looking it up, but couldn't find it…how do you expect anyone else to give you a reliable source?
does NY state have any landlord tenant office you can call? I would call them. The town housing inspector could probably tell you.
NOTE: space heaters that can't be arranged to avoid tripping the circuits do not qualify as adequate heat
you can't withhold rent for anything unless you expect to get evicted
when the condition is a matter of endangerment to one's health the condition has to be remedied immediately
I am sure there a companies that repair heating systems all year round, maybe his handyman is unable to do it but it is not impossible to get it done, it is just going to cost him more
and when space heaters are used causing the electric breakers to flip, this is also serious enough for immediate remedy
your state housing authority may have something to say about his lack of repairs
Legally, you can never withhold rent payments. However, 4 years is ridiculous.
Why not move and end all this nonsense?
You should have filed a complaint with your town years ago. You cannot withhold rent or you risk being evicted.
So you want to with hold rent for no heating? But you do have heating as the landlord supplied heaters
It is within his rights to use space heaters to provide heat, provided that they are not a fire hazard, and despite their inconvenience. There is nothing you can do about it except when your lease is up, consider moving.
No you can't without very likely being evicted.