When something breaks in your apartment, your landlord has the responsibility to fix it. How long can they make their tenants wait for emergency repairs? When should the tenant take legal action? A New York City tenants’ rights lawyer from our firm can answer those questions and more.
When a landlord rents out an apartment or home, there’s an implicit promise that the space will be a safe place to live. This is often referred to as the “warranty of habitability.” When something goes wrong or breaks, that can affect the habitability of your home. This means that a landlord needs to address a problem as soon as possible.
When it comes to emergency repairs, a landlord needs to act within 24 hours to fix any conditions that are considered “immediately hazardous.” This can include things like:
There are other types of repairs that are not quite as pressing, according to local regulations. A landlord can have up to 30 days to fix other conditions that are hazardous, but not as dangerous as the conditions listed above. This can include a minor water leak, broken cabinets, mold, or vermin-related problems. When a condition is not considered hazardous, a landlord has 90 days to fix it. Non-hazardous conditions include peeling paint or a leaky fridge.
Once you notice the problem, you must inform your landlord. They cannot be held accountable for not making emergency repairs if they are never informed of a problem! You can also contact 311 to report the conditions in your room or building. In some situations, you may even need to make a request to a city agency to make a repair if your landlord will not. This can result in serious fines for a landlord.
You may also need to bring your landlord to housing court. This is when it is a good idea to talk to a lawyer.
A lawyer can help you figure out the best way to compel your landlord to handle emergency repairs. You may need to submit a complaint or bring them to court. It could also be within your rights to withhold rent and ask for an abatement, or discount, once repairs are completed. A lawyer can advise you on which steps you can take without having to worry about legal trouble.
If you believe that your landlord is not living up to their responsibilities, you should talk to an attorney. Contact Robert Rosenblatt & Associates to set up a consultation with our team. We want to help you stand up for your rights.
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