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Hi there, I'm looking for some advise on dealing with a roach problem in my apartment / building. It's been going on for a while, and after several services and treatments it has rarely gotten any better, and never for long. I have started putting my foot down and getting much more firm with management over the situation, and they have come and treated several times, filled cracks, sealed gaps etc and nothing is helping. Their only response is ever to put in a maintenance ticket at which point they just stick the exterminator on me to schedule service (which as I said never seems to accomplish anything). Today when the exterminator called they told me they had not only gotten several complaints for the building, but even said they are doing a slow killing treatment and don't expect the building to be roach free for another 6 months, which is past my lease expiration. I'm getting pretty fed at the point where I'm ready to start withholding rent until they figure it out. I have lived in NY for many years and can stomach killing a bug every now and then, but have never had a problem anywhere near this bad and simply put do not think I should be paying anywhere near what I am to live this way. Does anyone have any advice on the legality of withholding / leveraging rent for the next few months while I wait for this lease to be up?
Hi there, I'm looking for some advise on dealing with a roach problem in my apartment / building. It's been going on for a while, and after several services and treatments it has rarely gotten any better, and never for long. I have started putting my foot down and getting much more firm with management over the situation, and they have come and treated several times, filled cracks, sealed gaps etc and nothing is helping. Their only response is ever to put in a maintenance ticket at which point they just stick the exterminator on me to schedule service (which as I said never seems to accomplish anything). Today when the exterminator called they told me they had not only gotten several complaints for the building, but even said they are doing a slow killing treatment and don't expect the building to be roach free for another 6 months, which is past my lease expiration. I'm getting pretty fed at the point where I'm ready to start withholding rent until they figure it out. I have lived in NY for many years and can stomach killing a bug every now and then, but have never had a problem anywhere near this bad and simply put do not think I should be paying anywhere near what I am to live this way. Does anyone have any advice on the legality of withholding / leveraging rent for the next few months while I wait for this lease to be up?
Well they are trying to remedy the problem, but if you want to withhold rent, you should be put it in an escrow account to show that you have the money to pay rent should your landlord haul you into court. Under this situation, the court could then release the monies to the landlord once the problem is remedied.
You should also make sure to document all communications with your landlord in writing ideally so that you can show what has been going on in court and take photos and have several copies of everything with you when you go to court to give to the court and copies for yourself.
It depends …this is best answered by an attorney because it depends how bad things are
Answer from nolo based on nyc
You must make an honest assessment -- screamishness and squeamishness aside -- of the seriousness of the critter problem.
If your apartment is unfit or uninhabitable, you may use a legal procedure called "repair and deduct." In most states that have this law, and in NYC, it works like this: If the landlord has failed to fix a truly significant problem, you may, without permission and without filing a lawsuit, have defects or other problems repaired and subtract the cost of the repairs from the next month's rent.
But to be justified in using the repair-and-deduct remedy, the problem must be serious, not just annoying, and it must threaten your health or safety. The occasional cockroach -- even the occasional not-so-little cockroach -- doesn't justify using repair and deduct. But an ongoing infestation of insects or rodents is serious, since it presents a potential health hazard.
Before hiring an exterminator, you must give the landlord notice of the problem and provide access to your apartment. Put your complaint in writing and tell the landlord that if the problem is not addressed within a reasonable period of time -- ten days or so -- you will arrange to have the work performed and will deduct the cost from your next month's rent. Make sure to get dated receipts from contractors for any work performed so you can substantiate your rent deduction
It would be illegal so you just have to decide whether to do it anyway and deal with whatever consequences there might be.
What would be illegal? Withholding rent? The OP has the right to, as long as they hold the monies in an escrow account. Of course there could be consequences, but it is what it is. It may be too bad to just hold on and move out after the lease ends.
Rent withholding isn’t explicitly outlined in New York law
New York law recognizes a tenant’s right to withhold rent, but it does so in a backdoor way. The law never explicitly states that tenants have the right to stop paying rent until their landlord makes major repairs—but it does prevent landlords from evicting tenants who do so.
Hi there, I'm looking for some advise on dealing with a roach problem in my apartment / building. It's been going on for a while, and after several services and treatments it has rarely gotten any better, and never for long. I have started putting my foot down and getting much more firm with management over the situation, and they have come and treated several times, filled cracks, sealed gaps etc and nothing is helping. Their only response is ever to put in a maintenance ticket at which point they just stick the exterminator on me to schedule service (which as I said never seems to accomplish anything). Today when the exterminator called they told me they had not only gotten several complaints for the building, but even said they are doing a slow killing treatment and don't expect the building to be roach free for another 6 months, which is past my lease expiration. I'm getting pretty fed at the point where I'm ready to start withholding rent until they figure it out. I have lived in NY for many years and can stomach killing a bug every now and then, but have never had a problem anywhere near this bad and simply put do not think I should be paying anywhere near what I am to live this way. Does anyone have any advice on the legality of withholding / leveraging rent for the next few months while I wait for this lease to be up?
I used to work at a place that had hundreds of roaches in the basement.
I put put out this trap Raid Small Roach Baits Plus Egg Stopper. I used my own money, it becomes worth it at a certain point
So it has the black disc traps but it also has the other white thing you crush, it's as big as one of the traps.
There are several in a box. I put them out and it wiped out all the roaches in a few days, it was kind of miraculous. The roaches take this egg stopper poison back into the nest and it kills them deep into the hard to find places. This is not the regular plain traps, it's got to have the egg stopper
You could also buy a whole bunch of these and try to get your neighbors, on the side, above and below to take one as a free gift but first say you are using it in your place.
Rent withholding isn’t explicitly outlined in New York law
New York law recognizes a tenant’s right to withhold rent, but it does so in a backdoor way. The law never explicitly states that tenants have the right to stop paying rent until their landlord makes major repairs—but it does prevent landlords from evicting tenants who do so.
It isn't explicitly prohibited either though. Put it this way. The OP wouldn't be the first one to withhold rent. If anything, it seems elected officials have been working to stop landlords that abuse the situation and don't take steps to mitigate such problems.
What would be illegal? Withholding rent? The OP has the right to, as long as they hold the monies in an escrow account. Of course there could be consequences, but it is what it is. It may be too bad to just hold on and move out after the lease ends.
They would be withholding rent for a minor issue that the landlord can prove he is continuously trying to remedy.
Is the OP, who is already moving out in just a few months , willing to seriously take the time and money to set up an escrow account and appear in court on a losing issue? That would be insanity.
In addition, it doesn't matter who institutes a court case in landlord/tenant court. The tenant blacklist includes everyone who appears in landlord/tenant court whether as a plaintiff or a defendant. In a sense you get screwed by filing as much as you would get screwed by a landlord filing a case against you.
The OP is already leaving. He/she just has to decide whether to pay the last few mos rent. The rest isn't even worth considering.
They would be withholding rent for a minor issue that the landlord can prove he is continuously trying to remedy.
Is the OP, who is already moving out in just a few months , willing to seriously take the time and money to set up an escrow account and appear in court on a losing issue? That would be insanity.
In addition, it doesn't matter who institutes a court case in landlord/tenant court. The tenant blacklist includes everyone who appears in landlord/tenant court. In a sense you *********rself by filing as much as you would get screwed by a landlord filing for eviction.
The OP is already leaving. He/she just has to decide whether to pay the last few mos rent. The rest isn't even worth considering.
Yeah and that's the question... How long are they going to be there and can they tolerate such living circumstances for the remainder of the lease. That blacklist isn't indefinite either. It's about 5-7 years anyway, supposedly about five here in NY.
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