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Hi, I still have a house in Buffalo with tenants that have been there for 9+ years. Just received a letter in the mail which states they have no heat and are withholding rent. Duh! Why wouldn't they call is another story...
They called the RE agent who has the property listed for us. Another duh. Anyway, we found out about it less than 24 hours ago and of course are fixing the problem.
I know my new state's rules for emergency repairs, but what is the time frame that is required in NY?
3 days sticks in my mind for completion of repairs???
I am not sure about New York's laws, you should talk to an attorney I guess, but the tenant can't generally withhold rent until they have notified you in writing that there is a problem and they have given you time to fix it. Maybe ask the real estate agent if they know what the law is on that?
Duhh u should know when its cold out and make sure the heat is on..its obvious when its cold and heat is needed so y should they notify u for basic common sense duhh
Duhh u should know when its cold out and make sure the heat is on..its obvious when its cold and heat is needed so y should they notify u for basic common sense duhh
The post is confusing, but you would think after 9yrs, they'd know where to address maintenance issues.
Do you have a property management company handling the house?
If the case, theres your answer.
Three days is reasonable, but I know nothing about New York state law,
If they've gone a week without heat,I'd say they have every right to contact Code Enforcement or the
Attorney Generals office.
Quote:
Originally Posted by twojulybabies
Hi, I still have a house in Buffalo with tenants that have been there for 9+ years. Just received a letter in the mail which states they have no heat and are withholding rent. Duh! Why wouldn't they call is another story... They called the RE agent who has the property listed for us. Another duh. Anyway, we found out about it less than 24 hours ago and of course are fixing the problem.
I know my new state's rules for emergency repairs, but what is the time frame that is required in NY?
3 days sticks in my mind for completion of repairs???
Hi, I still have a house in Buffalo with tenants that have been there for 9+ years. Just received a letter in the mail which states they have no heat and are withholding rent. Duh! Why wouldn't they call is another story...
They called the RE agent who has the property listed for us. Another duh. Anyway, we found out about it less than 24 hours ago and of course are fixing the problem.
I know my new state's rules for emergency repairs, but what is the time frame that is required in NY?
3 days sticks in my mind for completion of repairs???
By informing the real estate agent, do you mean your property manager? Sounds like they've done their part in informing you of the problem and its your responsibility to fix it. I'm not aware of the administrative requirements for witholding rent in your state, but imo they are within ethical guidlines to not pay you rent while their heat doesn't work.
RE Agent = Property manager .. and yes if your an out of state LL like the OP is you work thru a PM .. .. COMMON SENSE says supply heaters and kiss a little arse to cover yours .. .. pays off in the long run .. AND I am a PM with huge amount of discrantiory abilty .. heat goes out I supply heaters and call my owner for repairs and then when told who to call I get it done asap .. .. Winter time means no slow walking the tenant or your gonna have issues that you dont want .. and my Owners are out of staters who depend and trust me to follow thru ..
Ignoring the troll who thinks landlords are psychic and should know when things in another state break before being notified about it...
It is not legal in some states to withhold rent. I have no idea if New York is one or not.
Assuming that it is legal in New York, if the tenant has been without heat long enough to have the PM not respond and then for written notice to reach you in another state, they probably have the right to withhold rent.
If the property manager was notified and didn't deal with it in a timely manner, I would tell them they need to reimburse you for the lost days of rent. That is the type of thing you have a property manager for.
If the tenant didn't notify the PM, and just sent a notice in writing to you, then your time frame to fix it shouldn't start until a day or two after the postmark on the notice. Your state law may say that if you have it fixed in a timely manner after being notified that they can't withhold rent.
Ask your PM what the rest of the story is and what the state law allows. If they don't know, they need to find out for you.
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