The man jus' upped my rent las' night. No hot water, no toilets, no lights. (But Whitey's on the moon)
May 20, 2011 12:25 PM Subscribe
NYC-filter: My apartment building's management is totally irresponsible and unresponsive. And they just raised the rent. Can I—or should I—take action?
I live in New York City. My building is great, but the management is crap.
Last week, I had no running water for 4 days. That is illegal. We tenants called 311 and they were fined. The city intervened to fix it. But 4 days is completely unacceptable.
For 6 months, the front door has been in varying degrees of disrepair—from the lock completely broken and the door swinging in the breeze for a week, to me stuck out on my front stoop at 4 am with the drunk men, my dog, and a useless key. Again, unacceptable.
All I want is a safe, sanitary apartment. And for almost 3 grand, I think my roommate and I deserve it.
Today: they sent over the lease renewal form, via email. They had the audacity to raise the rent by $100.
I am furious. I was planning to use all of these shenanigans as leverage to *lower* the rent. But raise it? Come on.
Now, the questions:
1. Should I fight this? Is it worth it, or should I just suck it up because it'll be a huge, expensive pain in the butt.
2. I've never had legal woes before, but do have a good lawyer. If I do proceed, should I talk to her before saying anything to the company?
Those are the only two I can think of, but I have no idea what I'm doing here. I would appreciate any advice you guys have.
I live in New York City. My building is great, but the management is crap.
Last week, I had no running water for 4 days. That is illegal. We tenants called 311 and they were fined. The city intervened to fix it. But 4 days is completely unacceptable.
For 6 months, the front door has been in varying degrees of disrepair—from the lock completely broken and the door swinging in the breeze for a week, to me stuck out on my front stoop at 4 am with the drunk men, my dog, and a useless key. Again, unacceptable.
All I want is a safe, sanitary apartment. And for almost 3 grand, I think my roommate and I deserve it.
Today: they sent over the lease renewal form, via email. They had the audacity to raise the rent by $100.
I am furious. I was planning to use all of these shenanigans as leverage to *lower* the rent. But raise it? Come on.
Now, the questions:
1. Should I fight this? Is it worth it, or should I just suck it up because it'll be a huge, expensive pain in the butt.
2. I've never had legal woes before, but do have a good lawyer. If I do proceed, should I talk to her before saying anything to the company?
Those are the only two I can think of, but I have no idea what I'm doing here. I would appreciate any advice you guys have.
It sounds to me like you should move as well. If you really want to stay because you like the apartment more than others you can find (including the landlords in the equation!) , you can try to negotiate a lower rent, but these people will continue to make you furious - how much is that worth to you?
posted by aubilenon at 12:30 PM on May 20, 2011
posted by aubilenon at 12:30 PM on May 20, 2011
You lack the time to research where you'd be moving to and the devil you know may be better than the one you don't know.
posted by Obscure Reference at 12:33 PM on May 20, 2011
posted by Obscure Reference at 12:33 PM on May 20, 2011
Response by poster: Problem being, moving in New York costs a fortune. The lease is up in July, and I have not been saving toward that goal, so moving isn't a very good option.
posted by functionequalsform at 12:33 PM on May 20, 2011
posted by functionequalsform at 12:33 PM on May 20, 2011
Moving doesn't cost as much as you think. Put a post up on FB and offer people beer and pizza to help.
posted by roomthreeseventeen at 12:37 PM on May 20, 2011
posted by roomthreeseventeen at 12:37 PM on May 20, 2011
Assuming you're not a grand piano collector, you can move for much cheaper than you think.
Alternatively, what about negotiating for a shorter lease (3 or 6 month), saving up for apartment-hunting and moving expenses in the interim?
IANAL, but I'm not sure what legal action you could take that would be worth your while. The water issue came and went. Your front door presumably works now. What can you do to make the management company less crappy as an institution? Pretty much nothing. You should move.
posted by Sticherbeast at 12:40 PM on May 20, 2011
Alternatively, what about negotiating for a shorter lease (3 or 6 month), saving up for apartment-hunting and moving expenses in the interim?
IANAL, but I'm not sure what legal action you could take that would be worth your while. The water issue came and went. Your front door presumably works now. What can you do to make the management company less crappy as an institution? Pretty much nothing. You should move.
posted by Sticherbeast at 12:40 PM on May 20, 2011
Alternative to the alternative: sign the lease and find a sublessor, if you can, to eke out your lease for after you move.
posted by Sticherbeast at 12:43 PM on May 20, 2011
posted by Sticherbeast at 12:43 PM on May 20, 2011
Assuming you're not a grand piano collector, you can move for much cheaper than you think.
I think that they mean about all the downpayments + fees. I'm moving and have saved up almost 5 figures to do so.
At any rate, If I were in your position, I would go find a temp sublet and put my stuff in storage. Storage is cheap and you can find EXTREMELY cheap sublets. Stay in one of those for a month or two or however long you need to save, then get yourself a real apartment with working doors and water that isn't run by idiots.
posted by Threeway Handshake at 12:47 PM on May 20, 2011
I think that they mean about all the downpayments + fees. I'm moving and have saved up almost 5 figures to do so.
At any rate, If I were in your position, I would go find a temp sublet and put my stuff in storage. Storage is cheap and you can find EXTREMELY cheap sublets. Stay in one of those for a month or two or however long you need to save, then get yourself a real apartment with working doors and water that isn't run by idiots.
posted by Threeway Handshake at 12:47 PM on May 20, 2011
Tell the landlord that you're not interested in paying that much, and maybe propose a smaller raise. If it comes down to it, tell him that you won't be interested in signing a new lease at the new price, and that you'll just plan to go month to month until you find a new place, and that you'll be sure to give him 30 days notice when you are ready to move out.
Then coast on that as long as you want/can.
posted by hermitosis at 12:48 PM on May 20, 2011
Then coast on that as long as you want/can.
posted by hermitosis at 12:48 PM on May 20, 2011
tell him that you won't be interested in signing a new lease at the new price, and that you'll just plan to go month to month until you find a new place, and that you'll be sure to give him 30 days notice when you are ready to move out.
In case it isn't obvious, he can always say "no" to that plan. (Then again, he could say "yes.") Also, the 30 day thing is superfluous - 30 days is already the required notice for a month-to-month tenancy in NY anyhow.
posted by Sticherbeast at 12:53 PM on May 20, 2011
In case it isn't obvious, he can always say "no" to that plan. (Then again, he could say "yes.") Also, the 30 day thing is superfluous - 30 days is already the required notice for a month-to-month tenancy in NY anyhow.
posted by Sticherbeast at 12:53 PM on May 20, 2011
I think that they mean about all the downpayments + fees.
If OP is already paying $3000, that's a pretty big rent, even for Manhattan. Chances are as long as they get their security deposit back, they should be able to find a comparable space with almost no fees.
posted by roomthreeseventeen at 12:54 PM on May 20, 2011
If OP is already paying $3000, that's a pretty big rent, even for Manhattan. Chances are as long as they get their security deposit back, they should be able to find a comparable space with almost no fees.
posted by roomthreeseventeen at 12:54 PM on May 20, 2011
I've never paid "almost" $3,000/month for an apartment in NYC and I've also never had any of the problems you describe. Chalk it up to bad luck and move somewhere else.
posted by 2bucksplus at 1:02 PM on May 20, 2011 [3 favorites]
posted by 2bucksplus at 1:02 PM on May 20, 2011 [3 favorites]
If you can get your landlord to do a month-to-month lease, I'd go for it. I'm not sure I understand but your question makes it sound like you want a lawyer to help you get lower rent? I don't see how that would work. Anyway, I know moving sucks but it doesn't sound like you want to stay here. The only reason you mention for staying is that moving sucks. You have to decide whether moving sucks more than living in your current situation. I don't think it does.
posted by kat518 at 1:06 PM on May 20, 2011
posted by kat518 at 1:06 PM on May 20, 2011
One downside of fighting it out in housing court is the possibility of ending up on the blacklist.
posted by Jahaza at 1:07 PM on May 20, 2011
posted by Jahaza at 1:07 PM on May 20, 2011
Best answer: You need to do the basic reading up on NYC housing law and leases, which is very specific to NYC.
Your landlord has the right to up the rent with a new lease. You have the right to negotiate, sign or move.
You do not need a lawyer to do any of those things. You need to competently understand the position that you are in.
And you also do not need a lawyer should you ever have to go to housing court, which you do not need to do at this time.
1. You should be beginning to price alternatives. Yes, even though you don't have cash on hand. Look broker-free; that's the majority of the excess cost in moving in NYC. Presuming you will have your security deposit returned, that's something.
Tenants that do not have alternatives to moving have a fairly crappy position from which to negotiate.
Furthermore, time is not on your side. The closer this gets to renewal time, the less good your position is.
2. You should approach your landlord and say "I'd like to stay in this apartment, but the rent increase doesn't work for me."
3. Tell your landlord, "the front door needs to be completely fixed."
4. If you have no heat or running water, after notifying the landlord, and after notifying the City, and not receiving timely response, you may then begin to set aside rent, which you may do in Housing Court, and you may receive an award of reduced rent. (Later, if your apartment becomes unlivable, and you have followed those steps, and you have to move, that is a constructive eviction.)
If they are sending you a lease, they are not planning to let you go month-to-month, although you could suggest it. It is not to their advantage and month-to-month situations usually occur because landlords let leases lapse.
Please do your homework on this matter so that you can responsibly advocate for yourself.
I am not a lawyer, this is not professional advice.
posted by RJ Reynolds at 1:10 PM on May 20, 2011 [4 favorites]
Your landlord has the right to up the rent with a new lease. You have the right to negotiate, sign or move.
You do not need a lawyer to do any of those things. You need to competently understand the position that you are in.
And you also do not need a lawyer should you ever have to go to housing court, which you do not need to do at this time.
1. You should be beginning to price alternatives. Yes, even though you don't have cash on hand. Look broker-free; that's the majority of the excess cost in moving in NYC. Presuming you will have your security deposit returned, that's something.
Tenants that do not have alternatives to moving have a fairly crappy position from which to negotiate.
Furthermore, time is not on your side. The closer this gets to renewal time, the less good your position is.
2. You should approach your landlord and say "I'd like to stay in this apartment, but the rent increase doesn't work for me."
3. Tell your landlord, "the front door needs to be completely fixed."
4. If you have no heat or running water, after notifying the landlord, and after notifying the City, and not receiving timely response, you may then begin to set aside rent, which you may do in Housing Court, and you may receive an award of reduced rent. (Later, if your apartment becomes unlivable, and you have followed those steps, and you have to move, that is a constructive eviction.)
If they are sending you a lease, they are not planning to let you go month-to-month, although you could suggest it. It is not to their advantage and month-to-month situations usually occur because landlords let leases lapse.
Please do your homework on this matter so that you can responsibly advocate for yourself.
I am not a lawyer, this is not professional advice.
posted by RJ Reynolds at 1:10 PM on May 20, 2011 [4 favorites]
Do you want to stay or not? You've listed a lot of reasons you would reasonably want to move out, but I don't believe they constitute any sort of legal grounds for having your rent lowered. At most, they're negotiating leverage for you, but how worthwhile that is depends entirely on your desire to haggle with your landlord and your landlord's willingness to try to get new tenants who will pay the higher rent.
posted by dixiecupdrinking at 1:15 PM on May 20, 2011
posted by dixiecupdrinking at 1:15 PM on May 20, 2011
Also, even if you had some sort of legal claim, generally speaking it's not a great idea to take legal action against NYC landlords unless it's absolutely necessary because getting blacklisted is a real possibility if your name comes up in landlord-tenant court records. It doesn't sound like this is a fight worth fighting – suing your slumlord for the opportunity to stay in your slummy, overpriced apartment? I think it's time to cut your losses.
posted by dixiecupdrinking at 1:18 PM on May 20, 2011
posted by dixiecupdrinking at 1:18 PM on May 20, 2011
because getting blacklisted
What dixiecupdrinking said.
posted by IndigoJones at 6:18 PM on May 20, 2011
What dixiecupdrinking said.
posted by IndigoJones at 6:18 PM on May 20, 2011
I would view the rent increase as the first offer in a negotiation. Reply back and indicate that, due to the recent problems with the door and running water, you don't feel a rent increase is warranted, and in fact, you feel a decrease of X dollars/month is appropriate. Remind the landlord that you and your roommate are good tenants who don't cause problems and who pay the rent on time each month and have been paying on time for Y years (assuming, of course, that all of this is true). Indicate that you and your roommate enjoy living in the apartment (except for the recent problems) and would be happy to sign on for another year if your decrease is granted. I think there's a very good chance the landlord will accept your decrease or, at the very least, keep the rent where it is now (no increase).
posted by sunflower16 at 10:21 PM on May 20, 2011
posted by sunflower16 at 10:21 PM on May 20, 2011
You keep saying these things are unacceptable. But you keep accepting them - haven't moved to break the lease or move out, and even want to negotiate to stay in the building!
You're not going to get far in negotiating if you don't have a clear line of what actually is acceptable to you and what isn't, and whether you are even actually willing to move out - with all the costs that that entails.
Also, yes, $3000 for two bedrooms is a lot, even in NYC. You can definitely find cheaper (which will of course also decrease the cost of the deposit & first months rent). IF a less fashionable neighborhood is "acceptable" to you.
posted by Salamandrous at 8:39 AM on May 21, 2011
You're not going to get far in negotiating if you don't have a clear line of what actually is acceptable to you and what isn't, and whether you are even actually willing to move out - with all the costs that that entails.
Also, yes, $3000 for two bedrooms is a lot, even in NYC. You can definitely find cheaper (which will of course also decrease the cost of the deposit & first months rent). IF a less fashionable neighborhood is "acceptable" to you.
posted by Salamandrous at 8:39 AM on May 21, 2011
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posted by Tomorrowful at 12:27 PM on May 20, 2011 [3 favorites]