Tenant (BP private house) says hes not paying rent

amother

Lemon

Wed, Jul 03 2019, 8:25 am

Squishy wrote:

Landlords are not required to provide air conditioners to tenants. If a landlord does provide an air conditioner and it breaks, it is up to the landlord whether to replace it, unless replacement is agreed upon and stated in the lease.
NYC.gov

I took that from NYC's government website. It seems that it must be specifically spelled out in the lease. There is not nothing about forcing landlords to maintain existing service absent a clause in the lease. Consult an attorney.

Incorrect. See this document, first paragraph after the billeted list:

https://nycourts.gov/courts/ny.....y.pdf

We are currently dealing with this situation (and withholding rent).

amother

Wed, Jul 03 2019, 8:26 am

amother [ Slateblue ] wrote:

This guy has five kids and you're involving his parents? I feel like I'm missing something big here.

Yes unusual cases, warrant unusual cases.

I didnt just meet the guy.

If for close to 10 years, the landlord got yelled at and ignored by the tenant, and hes not a calm responsible person, and I think the parents may be, what are the other options?

I refuse to go back and forth to BD because I know whatever he will agree to at BD he wont keep his word.

amother

Wed, Jul 03 2019, 8:29 am

amother [ Lemon ] wrote:

Incorrect. See this document, first paragraph after the billeted list:

https://nycourts.gov/courts/ny.....y.pdf

We are currently dealing with this situation (and withholding rent).

Nothing changed over close to 10 years. The top floor is hotter than other floors.

Anyhow, I dont believe any of this pertains to tenants who dont have a lease.

amother

Lemon

Wed, Jul 03 2019, 8:30 am

amother [ OP ] wrote:

Nothing changed over close to 10 years. The top floor is hotter than other floors.

Anyhow, I dont believe any of this pertains to tenants who dont have a lease.

I really don’t mean this as a criticism of you, OP. it sounds like you did your best to fix the issue and your tenant is unstable. Our landlord refuses to fix the problem. Different situation.

ProudMommie

Wed, Jul 03 2019, 8:35 am

amother [ OP ] wrote:

Tenant in private house in heart of BP says hes not paying rent because the apartment is too hot. We just paid $500+ to repair the central a/c,but upstairs apartment has always been the hottest, because sun beats down. This is nothing new. My relative lived there for years.

The lease expired long ago and was never renewed.

He has 5 lively children and is paying $2450 for a 3 bedroom 2 bathroom apartment with 2 porches in heart of BP.

Hes also yelling like a maniac.

WWYD?

I would yell too if I lived in a hot third world Boro Park apartment while paying an unreal amount of money (that could rent me a mansion with a huge backyard and front yard-- actually I could buy a house if I saved that money in less than two months!) with 5 poor kindelach who have no grass to even play on or fresh air to breathe. I certainly understand his pain.

amother

Slateblue

Wed, Jul 03 2019, 8:37 am

amother [ OP ] wrote:

So your long term plan is... ?

watergirl

Wed, Jul 03 2019, 8:39 am

Squishy wrote:

What's there to be missing? OP wants her money. He is not acting like a responsible adult, and she wants her money without going to an expensive BD or an expensive lawyer.

Part of being a landlord is taking the responsibility upon ones self to utilize the proper channels do things the right way. Involving the parents is absurd and is not the right way to go. As a landlord, she may have no choice but to fork up the money for BD/court/lawyer. Thats what you take upon yourself when you take in a tenant.

amother [ OP ] wrote:

I didnt just meet the guy.

If for close to 10 years, the landlord got yelled at and ignored by the tenant, and hes not a calm responsible person, and I think the parents may be, what are the other options?

I refuse to go back and forth to BD because I know whatever he will agree to at BD he wont keep his word.

OP, You have had this family as tenants for 10 years and have had a horrible experience. You know your tenant. You are allowing the family to stay in the apartment despite the issues described in this and other threads. At this point, you can kick him out or continue to live with it. But own that choice if you decide to let them stay. The low rent, the noise, the way he talks to you, the withholding rent... you are allowing it to continue. You have said that you are not evicting him. So its on you. I'm wondering why you wont, considering it should be fairly easy to get a new tenant. Is it that you dont want to fix up the apartment after 10 years of a family living there to prepare for the next tenant? Is the place in general disrepair and you worry that you wont get anyone without fixing it? Whatever it is, this is part of being a landlord. Either do it, or dont do it. But after 10 years of this, I cant help but feel like you are playing a victim card if you are not changing the situation.

freilich

Wed, Jul 03 2019, 8:52 am

OP I feel for you. Once had an entitled brash tennant. Oh boy, was a real mechitzef. Bh he left on his own. But was horror having him live there.

Just a thought. I know you want him out. But sometimes painting the outside roof a special silver or white color improves the heat situation immensely. I don't know if you want to do that, or you rather wait for them to leave. But this is just something to think about for the future.

And a mediator that someone mentioned upthread is a good idea.

Good luck!

amother

Wed, Jul 03 2019, 8:53 am

ProudMommie wrote:

Third world my foot, its a spacious apartment (24' wide house) on one of the nicest blocks in BP.

No one is forcing him to stay here.

33055

Wed, Jul 03 2019, 9:07 am

amother [ Lemon ] wrote:

Incorrect. See this document, first paragraph after the billeted list:

https://nycourts.gov/courts/ny.....y.pdf

We are currently dealing with this situation (and withholding rent).

I don't see the conflict. Your paper says the landlord must agree to provide it. The government site says it needs to be in the lease.

I don't know if case law says that merely by existing then it becomes part of the lease. NYC is so messed up against landlords, I would be surprised.

Dandelion1

Wed, Jul 03 2019, 9:18 am

ProudMommie wrote:

So why doesn't he move there then?

amother

Wed, Jul 03 2019, 10:26 am

amother [ Olive ] wrote:

Pov of tenant who lives on top floor of attached building.
My landlord maintains and fixes the central a/c.
I put in a new thermostat and pay the electric bill. We also put in ceiling fans to help circulate the air.

Do you have a lease?

Are you paying market value rent?

Is this a 3 family or an apartment house?

All the above make a difference to tenant's rights.

amother

Red

Wed, Jul 03 2019, 10:33 am

ProudMommie wrote:

2400 is way below Market value. Such a size apt is with 3300 at least in bp. Regardless that doesn't give one the right not to pay rent.

amother

Amethyst

Wed, Jul 03 2019, 10:35 am

amother [ OP ] wrote:

Do you have a lease?

Are you paying market value rent?

Is this a 3 family or an apartment house?

All the above make a difference to tenant's rights.

Your house may be a private house but if you rent the basement illegally and have five other units in the house (or rent rooms separately, etc) then the house may be rent stabilized and he will have a defense against you (and may not even have to pay rent if its not in accordance of the certificate of occupancy). He may have other defenses as well and court can take a long time to resolve it (although they do give you the option to mediate an agreement that you can hold him accountable for and evict him if he doesnt follow through on the agreement). Please speak to a lawyer because you are getting really bad advice on this site from people who are obviously not lawyers and you want to do things by the book otherwise it will cost you more money if you mistakes and he uses it against you forcing you to start over again (while he gets away with not paying rent). The law is complex and you need someone who understands the case law involved and knows what they are doing in order to know how to proceed.

amother

Seagreen

Wed, Jul 03 2019, 10:52 am

amother [ OP ] wrote:

But if he doesn't keep his word after BD then you have their permission to go to court, which is what happened with us. We didn't even bring him to BD. We explained the circumstances to the Rabbanim and got a heter to bypass the whole back and forth and go straight to court, if thats what you want.

nylon

Wed, Jul 03 2019, 10:59 am

You 100% need a lawyer. Not having a written lease doesn't mean the tenant doesn't have rights. You still have to evict legally and he still has the right to contest the eviction in court. If he does that, and you haven't dotted every I and crossed every t, he could at the very least tie you up for a long time. Legal advice could save you a lot of tsures.

amother

Wed, Jul 03 2019, 11:13 am

amother [ Amethyst ] wrote:

Nothing illegal.