Welcome to City-Data.com Forum!
U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > New York > New York City
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 10-30-2013, 02:30 PM
 
3 posts, read 16,451 times
Reputation: 11

Advertisements

Due to some sort of gas leak, there hasn't been gas in my apartment building for over 5 months. Everytime I ask the management company, they say it will be two more weeks and they are waiting for Con Edison to come and turn the gas on. This has gone on the entire time the gas has been shut off. With the holidays approaching, I need to have a working stove (mine is currently gas). I already asked for them to switch out my gas stove with an electric one, but the outlets in my apartment are 110V and most stoves are 220V, so that's not an option. They gave me ahot plate about 3 months ago, but I'm not paying $2500/month to live like a college student in a dorm.

My question is.... I still have 6 months left on my lease, without penalty, but do I have a right to break my lease because there is no gas?
Reply With Quote Quick reply to this message

 
Old 10-30-2013, 04:55 PM
 
Location: Not where I want to be
4,829 posts, read 8,726,707 times
Reputation: 7760
Call the housing dept as well as the dept of health. Going 5 months without gas is insane.
Reply With Quote Quick reply to this message
 
Old 10-30-2013, 05:02 PM
 
Location: Manhattan
25,368 posts, read 37,066,350 times
Reputation: 12769
Are you UES, because we are getting a song and dance about why Con Ed cannot hook up a big enough line for gas heating?
Reply With Quote Quick reply to this message
 
Old 10-30-2013, 05:05 PM
 
2,479 posts, read 2,212,520 times
Reputation: 2277
Default Dss

Quote:
Originally Posted by jessm114 View Post
Due to some sort of gas leak, there hasn't been gas in my apartment building for over 5 months. Everytime I ask the management company, they say it will be two more weeks and they are waiting for Con Edison to come and turn the gas on. This has gone on the entire time the gas has been shut off. With the holidays approaching, I need to have a working stove (mine is currently gas). I already asked for them to switch out my gas stove with an electric one, but the outlets in my apartment are 110V and most stoves are 220V, so that's not an option. They gave me ahot plate about 3 months ago, but I'm not paying $2500/month to live like a college student in a dorm.

My question is.... I still have 6 months left on my lease, without penalty, but do I have a right to break my lease because there is no gas?
As a tenant, the minimum you are entitled to is a decent sanitary and safe rental. Your lease was broken by the landlord five months ago.
Reply With Quote Quick reply to this message
 
Old 10-30-2013, 05:19 PM
 
338 posts, read 677,080 times
Reputation: 579
$2500 a month and no gas???? Awful. IANAL but it sounds as though you have grounds to walk away.
Reply With Quote Quick reply to this message
 
Old 10-30-2013, 09:46 PM
 
10,222 posts, read 19,206,528 times
Reputation: 10894
IANAL, but seems like a violation of the "Warranty of Habiltability"
http://nycourts.gov/courts/nyc/housi...bitability.pdf

(this page talks about it as a counterclaim to an eviction action, but it can be a claim on its own as well)
Reply With Quote Quick reply to this message
 
Old 10-31-2013, 06:46 AM
 
Location: Manhattan
25,368 posts, read 37,066,350 times
Reputation: 12769
I hope you have a ling record of calls for City Inspectors. Judges like to see that.


With proper documentation, I am sure you can break the lease. Stop paying rent.
Reply With Quote Quick reply to this message
 
Old 10-31-2013, 08:00 AM
 
3 posts, read 16,451 times
Reputation: 11
I'm in the LES and I will be calling the department of housing and the health department today. I have a meeting with the management company tomorrow to see what can be done in terms of breaking the lease. Any suggestions on tactics? All comments are appreciated!
Reply With Quote Quick reply to this message
 
Old 10-31-2013, 10:36 AM
 
Location: Manhattan
25,368 posts, read 37,066,350 times
Reputation: 12769
First tactic is to ask nicely. I had to get out of my lease and my landlord (Lefrak) was very nice about it...cost me nothing.

Do you have a place you can go to Dec. 1? If not how about Jan.1.


If they agree to Jan 1. tell them to use your security deposit for December's rent.

PLEASE document everything because if you show up in court down the road with no paperwork you will look the fool, and lose your case.
Reply With Quote Quick reply to this message
 
Old 10-31-2013, 10:46 AM
 
8,743 posts, read 18,373,929 times
Reputation: 4168
It should be noted that it sounds like it is out of the control of the management company. I bought a building, with one of the apts vacant for 5 years....anytime the gas is shut off for 6 months or more you have to file with the city, get a licensed plumber to inspect the lines, and have city inspectors ok everything AND THEN you can arrange an appt to get gas turned on. This was just cooking gas for the apt, there was nothing wrong with the line, and it took 2 months! 2 MONTHS. If there was something wrong with the line, or some other infraction, I am sure it would have taken twice as long easily.

It sucks, but with a large building, and a problem with the gas line, there is no doubt the management company is at the mercy of the city. It is not your timeline that is the city's concern, it is not the management's timeline that is the city's concern...it is their own and there is nothing anyone can do to move the process along. Trust me! I am sure they will allow you to break the lease, but I am fairly sure it is not the management company causing the delay..it is the city/inspectors and never ending paperwork. This can happen in any building, at any time...keep that in mind.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:




Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > New York > New York City
View detailed profiles of:

All times are GMT -6.

© 2005-2024, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top