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Old 01-03-2013, 10:50 AM
 
Location: NYC
5 posts, read 8,146 times
Reputation: 11

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I moved to a new apartment in NYC (outside of Manhattan). I had to pay one month rent fee to a broker to get it... He promised me to install blinds in the apartment, and I have his texts confirming that. Plus my friend was with me at the office when I was signing the lease. I asked the broker, if the blinds were installed, and he said yes. I asked if he was sure, he said yes. Of course, when I moved in there were no blinds. I paid 1st month rent and security to the landlord's name and a broker's fee to the broker's name ( I dealt with the sales person, not the broker himself). The broker is landlord's son. The broker is also the management company that manages my building. (all three different entities, but have similar names). So I wonder if there is anything I can do now? Can I tell them I'm not going to pay any rent until blinds are installed? Can I tell them to use the broker's fee that I paid towards my rent (since they are the same guys essentially?). Or maybe I should pay them like $300 less for next rent and tell them to figure it out with the broker? I didn't speak to the management company yet about it, because I'm waiting for a copy of my lease signed by the landlord, and I'm not sure what course of action is appropriate. I understand that I shouldn't have trusted to the broker's word, and it's my mistake... Well it's my first experience with this things... I spoke to the broker, he said he "tried to install them, but landlord said it's not his responsibility". He lies, of course. What can I do in this situation? At this point, it's not about blinds, it's about the broker getting his fee for nothings and being dishonest.

Last edited by JonJonson; 01-03-2013 at 10:59 AM..
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Old 01-03-2013, 11:00 AM
 
6,459 posts, read 12,027,306 times
Reputation: 6396
Did you inform him that the blinds weren't installed? If so, what did he say?

And please don't play crazy with the rent, because there are no blinds. Seriously. It's petty.

Just put your own blinds up.
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Old 01-03-2013, 11:06 AM
 
26,585 posts, read 62,038,899 times
Reputation: 13166
You can't just deduct the cost or not pay rent. Your complaint is with the broker, not the landlord.

You could put the cost of the blinds into an escrow account until they are provided, IF the lease says they are supposed to be there. Otherwise, suck it up, buttercup. Spend $30 at K-Mart and put them up yourself. Consider it a relatively inexpensive lesson learned.
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Old 01-03-2013, 11:10 AM
 
6,459 posts, read 12,027,306 times
Reputation: 6396
Quote:
Originally Posted by annerk View Post
You can't just deduct the cost or not pay rent. Your complaint is with the broker, not the landlord.

You could put the cost of the blinds into an escrow account until they are provided, IF the lease says they are supposed to be there. Otherwise, suck it up, buttercup. Spend $30 at K-Mart and put them up yourself. Consider it a relatively inexpensive lesson learned.
LOL! I haven't heard this phrase in a long time.

Yeah, I can't believe the OP's thinking about withholding rent over some blinds.

And you know I think very lowly of NYC landlords as it is, but even I can't fault them for this.

The OP should call the broker and "nicely" request they put the blinds up, if she hasn't already.
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Old 01-03-2013, 11:13 AM
 
393 posts, read 782,947 times
Reputation: 514
Brokers will promise you the sun and the moon if you would just trust them and just sign the lease. The problem is that when you sign the lease you are taking the apartment as is. The landlord isn't responsible for whatever the broker is telling you. I saw an apartment a few months ago and it has a terrible kitchen floor, like parts missing and everything, and the broker is telling me (oh that's no problem, just give them a call they'll put in a new floor, oh that's so easy) blah blah. Yeah okay. I'm sure they are just going to rush around and renovate the apartment after I agreed to take it as it was.

Since the broker is the landlord's son, why don't you contact him directly and tell him you were told that the blinds would be installed before you moved in. I agree with not witholding the rent. You can get cheap blinds at discount stores or buy them secondhand. Last time I moved, I sold a beautiful set of 4 of expensive wooden blinds in great shape for a fraction of what they were worth on Craigslist. You can definitely find deals like that. People move all the time, and sometimes they leave blinds behind that new tenants don't want or their old blinds don't fit their new windows, etc.
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Old 01-03-2013, 11:15 AM
 
Location: NY,NY
2,896 posts, read 9,812,434 times
Reputation: 2074
Quote:
Originally Posted by JonJonson View Post
I moved to a new apartment in NYC (outside of Manhattan). I had to pay one month rent fee to a broker to get it... He promised me to install blinds in the apartment, and I have his texts confirming that. Plus my friend was with me at the office when I was signing the lease. I asked the broker, if the blinds were installed, and he said yes. I asked if he was sure, he said yes. Of course, when I moved in there were no blinds. I paid 1st month rent and security to the landlord's name and a broker's fee to the broker's name ( I dealt with the sales person, not the broker himself). The broker is landlord's son. The broker is also the management company that manages my building. (all three different entities, but have similar names). So I wonder if there is anything I can do now? Can I tell them I'm not going to pay any rent until blinds are installed? Can I tell them to use the broker's fee that I paid towards my rent (since they are the same guys essentially?). Or maybe I should pay them like $300 less for next rent and tell them to figure it out with the broker? I didn't speak to the management company yet about it, because I'm waiting for a copy of my lease signed by the landlord, and I'm not sure what course of action is appropriate. I understand that I shouldn't have trusted to the broker's word, and it's my mistake... Well it's my first experience with this things... I spoke to the broker, he said he "tried to install them, but landlord said it's not his responsibility". He lies, of course. What can I do in this situation? At this point, it's not about blinds, it's about the broker getting his fee for nothings and being dishonest.
LMAO!

Waaakkkeee Up!

Unless, it is a top level luxo building, the LL will NOT be buying you any blinds!!

The Broker is not as much "dishonest", more that you are naive!! The broker/agent likely gave you "lip service", rather than deal directly with your naive expectations.

In NYC, overwhelmingly, tenants provide their own window blinds/shades. So, indeed, it is your responsibility.

Withholding rent w/b stupid over such a trivial issue. What do you think? The LL is going to suck it up? No, they'll start an eviction proceeding, they will win, and you will lose, in more than the obvious.

With an eviction proceeding in your public record, future LL's will be VERY reluctant to rent to you.

The broker gave you "lip service" because it is easier than engaging with naive TRANSPLANTS, who don't know where they are!
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Old 01-03-2013, 11:24 AM
 
Location: NY,NY
2,896 posts, read 9,812,434 times
Reputation: 2074
Quote:
Originally Posted by aptnyc View Post
Brokers will promise you the sun and the moon if you would just trust them and just sign the lease. The problem is that when you sign the lease you are taking the apartment as is. The landlord isn't responsible for whatever the broker is telling you.
Ahhhh, actually the LL is, indeed, responsible for any and all representations made by the broker. The Broker is the LL's *Agent*.

The issue is in the lack of documentation of any *promises* made by he Broker.

One MUST memoralize any promises/agreements in WRITING, preferably as part of the Lease Agreement.

It is IMPORTANT, as once the lease is signed, then ONLY what is within the "four corners" of the lease agreement is binding. Any and all VERBAL promises are NOT binding!

So, always, get it in writing!

That's the legality of it.
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Old 01-03-2013, 11:51 AM
 
Location: NYC
5 posts, read 8,146 times
Reputation: 11
Quote:
Originally Posted by jcoltrane View Post
Ahhhh, actually the LL is, indeed, responsible for any and all representations made by the broker. The Broker is the LL's *Agent*.

The issue is in the lack of documentation of any *promises* made by he Broker.

One MUST memoralize any promises/agreements in WRITING, preferably as part of the Lease Agreement.

It is IMPORTANT, as once the lease is signed, then ONLY what is within the "four corners" of the lease agreement is binding. Any and all VERBAL promises are NOT binding!

So, always, get it in writing!

That's the legality of it.
I have broker's texts confirming the blinds will be there. Does it have any legal value?...
My windows are facing the middle of building, so I'd say it's a major inconvenience not to have any window coverings - no privacy! and I won't be able to do anything about that for another couple of weeks.... Uh oh... I guess I do have to suck it up.
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Old 01-03-2013, 11:53 AM
 
26,585 posts, read 62,038,899 times
Reputation: 13166
Quote:
Originally Posted by JonJonson View Post
I have broker's texts confirming the blinds will be there. Does it have any legal value?...
My windows are facing the middle of building, so I'd say it's a major inconvenience not to have any window coverings - no privacy! and I won't be able to do anything about that for another couple of weeks.... Uh oh... I guess I do have to suck it up.
The only thing that matters is what's in the lease.
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Old 01-03-2013, 11:55 AM
 
1,431 posts, read 2,618,316 times
Reputation: 1199
Pick your battles...this is very low on the landlord/broker evil spectrum. Blinds are cheap.
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