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Old 01-15-2009, 03:04 PM
 
Location: Tucson!
415 posts, read 1,550,807 times
Reputation: 231

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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???
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Old 01-15-2009, 03:22 PM
 
Location: Mishawaka, IN
97 posts, read 370,066 times
Reputation: 38
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?
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Old 12-03-2009, 07:46 AM
 
1 posts, read 7,113 times
Reputation: 11
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
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Old 12-03-2009, 10:04 AM
 
Location: St Thomas, US Virgin Islands
24,671 posts, read 62,185,436 times
Reputation: 26588
Quote:
Originally Posted by DWHITE8611 View Post
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

Problem with reading comprehension?
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Old 12-03-2009, 10:09 AM
 
Location: 39 20' 59"N / 75 30' 53"W
16,082 posts, read 25,241,044 times
Reputation: 18069
In my state heat has to be turned on by October 15. If not report to Attorney Generals office.
Edit
Your local Code Enforcement office.
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Old 12-03-2009, 10:45 AM
 
Location: 39 20' 59"N / 75 30' 53"W
16,082 posts, read 25,241,044 times
Reputation: 18069
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 View Post
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???
Rate this post positively Quick reply to this message
 
Old 12-03-2009, 10:52 AM
 
Location: Minnesota
1,484 posts, read 3,521,226 times
Reputation: 2414
for the moment I would have the RE Agent take them some space heaters for the pipes and for you to look like the good guy LL..

I keep back up heaters for times like these .. and get them back soon as the repairs are made ..
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Old 12-03-2009, 11:05 AM
 
4,399 posts, read 9,557,666 times
Reputation: 2363
Quote:
Originally Posted by twojulybabies View Post
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.
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Old 12-03-2009, 01:58 PM
 
Location: Minnesota
1,484 posts, read 3,521,226 times
Reputation: 2414
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 ..
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Old 12-03-2009, 02:16 PM
 
Location: Boise, ID
8,047 posts, read 25,327,614 times
Reputation: 9372
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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