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Old 08-08-2020, 02:19 PM
 
5,146 posts, read 4,980,045 times
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Since the covid outbreak, all building amenities are closed up to this day, yet they are not returning any of the fees they charge into my monthly rent.


Can I SUE for a refund??
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Old 08-08-2020, 02:34 PM
 
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I don’t think so.
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Old 08-08-2020, 02:38 PM
 
Location: In a rural area
910 posts, read 753,988 times
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Quote:
Originally Posted by leoliu View Post
Since the covid outbreak, all building amenities are closed up to this day, yet they are not returning any of the fees they charge into my monthly rent.


Can I SUE for a refund??
Depends on what your lease agreement says, no? My thought is that usually, if something is shut down due to a "cause of nature" or "Act of God" as some say, you do not have grounds to sue.

PS: I'm not an attorney, but well-versed enough in rental laws.

Usually, facilities/amenities provided by the landlord are really not part of your actual residential rent and you are typically not entitled to facilities just because you pay rent. Hours can even be changed, modified or limited. I do not believe New York state laws provide any law that state otherwise, at least not that I recall.

Check your lease and see what it says about amenities. If not, time to find a new place, isn't it?
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Old 08-08-2020, 02:56 PM
 
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Acts of god are rarely considered grounds for suing or discounts
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Old 08-08-2020, 03:00 PM
 
5,146 posts, read 4,980,045 times
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Quote:
Originally Posted by canovas View Post
Depends on what your lease agreement says, no? My thought is that usually, if something is shut down due to a "cause of nature" or "Act of God" as some say, you do not have grounds to sue.

PS: I'm not an attorney, but well-versed enough in rental laws.

Usually, facilities/amenities provided by the landlord are really not part of your actual residential rent and you are typically not entitled to facilities just because you pay rent. Hours can even be changed, modified or limited. I do not believe New York state laws provide any law that state otherwise, at least not that I recall.

Check your lease and see what it says about amenities. If not, time to find a new place, isn't it?

Isn't the rent usually based on how much/little amenities are included in the building? In my case the building was loaded with such to justify the high rent prior to covid, but we lost access to it for months.



The craziest thing is that my LL asked to raise my rent 3% when it is due renewal in weeks...maybe it is time to live rent free until eviction before I move on to get even with everything...that is how greed can turn good tenants like me into LL-killers....
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Old 08-08-2020, 03:13 PM
 
Location: In a rural area
910 posts, read 753,988 times
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Quote:
Originally Posted by leoliu View Post
Isn't the rent usually based on how much/little amenities are included in the building? In my case the building was loaded with such to justify the high rent prior to covid, but we lost access to it for months.



The craziest thing is that my LL asked to raise my rent 3% when it is due renewal in weeks...maybe it is time to live rent free until eviction before I move on to get even with everything...that is how greed can turn good tenants like me into LL-killers....
Actually, it is not. Unless your lease agreement explicitly states that your rent is calculated based in part on the amenities, it is not. You can argue that sure, the landlords charge rent based on market value plus amenities, sure...but again, if not in your lease, it's a moot point. Does your lease say anything about the amenities?

Did they justify the rent increase verbally or did they actually write into the agreement? Words mean nothing in these matters.

Since you are in NYC, you can definitely get away with living basically for free for at least 6 months before you can actually get evicted. They also eliminated the tenant blacklists, so you're correct...you can get away with that in NYC. Good luck.
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Old 08-08-2020, 03:42 PM
 
5,146 posts, read 4,980,045 times
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Quote:
Originally Posted by canovas View Post
Actually, it is not. Unless your lease agreement explicitly states that your rent is calculated based in part on the amenities, it is not. You can argue that sure, the landlords charge rent based on market value plus amenities, sure...but again, if not in your lease, it's a moot point. Does your lease say anything about the amenities?

Did they justify the rent increase verbally or did they actually write into the agreement? Words mean nothing in these matters.

Since you are in NYC, you can definitely get away with living basically for free for at least 6 months before you can actually get evicted. They also eliminated the tenant blacklists, so you're correct...you can get away with that in NYC. Good luck.

I didn't think much about it all those months...but the loss to use plus this rent increase as demanded got me into thinking how unreasonable LLs can be...lol...
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Old 08-08-2020, 04:01 PM
 
2,179 posts, read 1,865,667 times
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Quote:
Originally Posted by leoliu View Post
Since the covid outbreak, all building amenities are closed up to this day, yet they are not returning any of the fees they charge into my monthly rent.


Can I SUE for a refund??
Quote:
Originally Posted by leoliu View Post
I didn't think much about it all those months...but the loss to use plus this rent increase as demanded got me into thinking how unreasonable LLs can be...lol...
Yeah sucks that they did that, we’re not being charged right now. The gym is still closed, but the rooftop and lounge areas are open but only through amenity pass.
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Old 08-08-2020, 07:17 PM
 
34,104 posts, read 47,323,258 times
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Quote:
Originally Posted by leoliu View Post
Since the covid outbreak, all building amenities are closed up to this day, yet they are not returning any of the fees they charge into my monthly rent.


Can I SUE for a refund??
Go get a lawyer and try

And let us know how it works out

It will be a good lesson for All
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Old 08-08-2020, 07:33 PM
 
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Amenities are there to attract a better clientele. Rent is based on the going rate of similar rentals.

Unless you plan to buy your own house after you move I wouldn't try to be petty and withhold rent.

The landlord can sue you for outstanding rent and place a lien on your income personal possession to collect that debt
Also none payment of rent is a guaranteed way to exclude yourself from the better rentals in the future.
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