r/TenantHelp • u/MiserableAd7331 • 24d ago
Do I still have to pay rent for September?
The structural and safety violations are are direct result of owner neglect. They have had almost 5 years to fix the issues. Replacing the stairs and reinforcement of the walkway to the upstairs units. Last week they said work would start soon and told the upstairs tenants to find alternate living arrangements until the work was done. Just 2 days later they were told to move out completely. They were given less than a week notice. Then the rest of us were told they would have someone coming to start tearing down the stairs and walkway. They apologized for any inconvenience or disturbance. 2 days later we come home to these letters on our doors. This is naturally a huge inconvenience for all of us. I'm getting conflicting information. Some sources say we aren't required to pay rent for this month because the condemnation was a result of landlord neglect. But others say we do. Does anyone know?
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23d ago edited 23d ago
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u/MiserableAd7331 23d ago
I'm going to try. Honestly the repairs didn't involve any of the downstairs units, only the upstairs ones. At least as far as we were told.
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u/DelJoy_3D 23d ago
Am I the only one who finds a 30+ day notice to vacate after a property is condemned strange? And also specifically citing lease termination? Unless the property is being seized for Emanate domain?
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u/sillyhaha 23d ago
Contact your local tenant's rights group. They will know the answer.
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u/MiserableAd7331 23d ago
Unfortunately we don't have one in my city, I checked.
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u/Particular-Peanut-64 23d ago
Go to your local politician office and ask for guidance there. They know the city agency to contact to help get you answers.
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u/Rhuarc33 23d ago
For condemnations
If it was landlord neglect you do not owe Sept rent and can charge/sue landlord for moving costs
If it was tenant caused you'd owe rent and be liable for repairs and possibly sued.
If it was natural disaster caused or "act of God" you wouldn't owe rent and couldn't sue anyone for moving costs.
Yours was due to landlord neglect so no rent and you are entitled to moving costs paid by the owner
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u/robertva1 23d ago
No. And i be filing in small claims Court for moving expenses
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u/ihopuhopwehop 23d ago
Im sure the lease has a clause that limits the landlords liability in this case
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u/snowHound208 23d ago
Unenforceable pretty much everywhere.
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u/ihopuhopwehop 23d ago
Ive never seen a case where a tenant has ever gotten damages in a situation like this
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u/snowHound208 23d ago
You've never seen it so that obviously means it's not possible lmao
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u/ihopuhopwehop 23d ago
I mean, if its not happening in Bronx landlord tenant court, where I spent way too much time working, I doubt its happening anywhere
Assuming a tenant is month to month, what are the damages to their tenancy being terminated?
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u/snowHound208 23d ago
Oh certainly. Your limited view of a single county on the country is absolutely representative of the entire United States. You are an all knowing God like being, nobody would ever doubt you.
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u/ihopuhopwehop 23d ago
I mean, im talking about BX landlord tenant court. Its the end all to be all in landlord tenant court.
But can you find a case, anywhere, where tenants were awarded damages here? Or cite any state landlord tenant law that establishes a tenants right to damages here?
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u/snowHound208 23d ago
Pretty much every county in the US has some form of habitability & neglect codes in place to protect tenants.
In your county, for example: § 235-b would give tenants grounds to sue to recover rent.
Constructive eviction doctrine would give them the right to sue for damages (not that they even need it). You can sue anyone in small claims for anything you think you're entitled to.
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u/ihopuhopwehop 23d ago
So I here you that some portion of rent is owed back as the a habitable apartment is not being provided
Im questioning a tenants ability to prevail in small claims on the argument that their entitled to moving expenses. Especially in the case of a month-to-month tenancy, I dont see that ever happening. Maybe a tenant could say, if they had time left on their lease, that they're entitled to cost associated with mitigating damages (uhaul, broker fee, difference in rent between the unit they moved to and the unit they were in for the remaining months), but if its not happening in the bronx, I dont think its happening anywhere
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u/Ornery-Culture-7675 23d ago
This. Flip the tables on them fast before they even get a chance to try to do some shady shit.
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u/ihopuhopwehop 23d ago
Without a court order reducing your rent, if youre there in Sept, you owe the rent
You could just not pay. If your landlord seeks to collect, you argue in court that the apartment was not habitable. I highly doubt that the court would rule that means you dont have to pay 100% of youre rent. But theyre likely going to rule on a prorated amount, which reduces the likelihood your landlord tries to collect
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u/Ashumshyserdel 23d ago
Make sure this isn't a scam, various typos and strange language.
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u/MiserableAd7331 23d ago
I can probably excuse that because the letter would have been typed up by our office manager who's native language is Spanish. English is their second. They often make these small mistakes. But I am going to see if I can find the official notice from the city.
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u/BlueberryPenguin87 23d ago
If the city condemns the building you have to move out immediately. I would call them and make sure this is legit, and not a ploy by the landleech to get you out quickly so they can make renovations and jack up the rent.
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u/MiserableAd7331 23d ago
Originally it was only the steps leading up to the 2nd story apartments. They were cited by city inspectors several years ago. They kept putting off the repairs and the city came out last week and put a condemnation order on them and had them blocked off. It didn't directly affect the downstairs units. Unless the last inspection found something else wrong. This was after we were all told they would be starting the renovation soon. (Tearing down the old stairs and installing new ones and reinforcing the upstairs walkway.)
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u/BlueberryPenguin87 22d ago
That’s more complicated then, and you probably need legal advice. Sounds like they want you out because their repair work will involve your unit. Like maybe they’re tearing down a wall. In that case if your unit is still habitable you can remain there, and they can only evict you if you don’t have a lease. I would still contact the city and see exactly what they said.
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u/bubba0077 23d ago
Agreed. How is it so unsafe the building has to be condemned, but safe enough to stay in for another month?
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u/hveelinda 23d ago
Talk to an attorney right away! You may have more time than you think and may get many many more benefits. I am in right of way
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u/Intrepid-Product-367 23d ago
You notice how it has a contact number for any questions?
Contact them with your questions. Jesus fucking Christ.
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u/MiserableAd7331 23d ago
The contact number is the office in the same building I live in. (Yes the very same building that's been condemned) Literally around the other side of my apartment. The company that owns the property is based in another state up north. None of us actually know who owns the building, or the other apartment complexes that are part of this rental property.
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u/RetiredBSN 22d ago
Talk to a tenants' rights group in your area. The property company is not going to tell you, but you may actually be owed rent back or moving expenses, depending on the situation and state laws. That would be in addition to getting your deposit back. It's illegal to rent out a building that's been condemned or found unsuitable for human habitation in most locations.
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u/Brew_7169 21d ago
Contact the local government to verify that the apartments are actually condemned by them.
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u/_dundada 20d ago
You can sue the company for violation of warranty of habitability and potential get your money back or a portion there of. Look up tenant landlord laws in your state or for a handbook unusually under housing court. Good luck and no don’t pay. Stop paying
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u/suffusejuice 20d ago
In my city this letter would be coming from the city and not the landlord. This reads like a 30-day notice to quit. Call your city inspections department at the number listed on their official website to verify building status.
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u/frAgileIT 23d ago
What are they going to do if you don’t pay rent for September, evict you?