How Can I Document Habitability Concerns?

When a landlord rents out an apartment or house to somebody, they are promising someone a liveable home. When they break that promise, the tenant may take steps to encourage them to rectify the situation. This can include hiring a New York City rent dispute lawyer and bringing them to court. If you have habitability concerns in your rented home, this is what you need to know.

What is the Warranty of Habitability?

The types of apartments available in NYC vary greatly. You can check out a bare-bones apartment in an older building and then walk a few blocks to a building that offers residents perks like brand-new appliances and gym access. No matter what kind of apartment is in your budget, landlords must offer a “warranty of habitability”. You are not guaranteed certain amenities, but you are guaranteed that your landlord will fix any major issues that impact your ability to live safely in your rented property.

What Are Common Habitability Concerns?

There are a variety of habitability concerns that can make it difficult for a renter to enjoy their home. Some common problems include:

• Infestations of rodents or insects
• Flooding or leaks
• Problems with pipes
• No electricity
• Lack of heat or hot water
• A problem that prevents you from using a part of your apartment or house
• Exposed or bad wiring
• Mold
• Unusable or broken appliances
• Unusable bathroom
• Lack of carbon monoxide and smoke detectors
• Broken door locks

Even seemingly harmless or minor problems, like peeling paint, can be considered a habitability concern. If the landlord will not deal with these issues and help you make your apartment a liveable space again, this is a major problem.

Can I Withhold Rent When My Landlord Won’t Address Problems?

You can actually withhold rent if your landlord does not address problems like these. Your landlord can threaten to evict you all that they want, but you do have a legal leg to stand on here. You just have to show that you made the landlord aware of the problem. This is why documenting the issue is so important. If your landlord did not know about the condition, they are not going to be held accountable for it.

How Can I Document My Habitability Concerns?

First, you want to ensure that the notification to your landlord is in writing. When you go to court, you can bring copies of any letters you sent, text messages you exchanged, and evidence that your landlord or someone working on their behalf responded. You can also bring photographs of the habitability concern and use the testimony of neighbors or others who have witnessed the problem.

As long as you can show that you notified your landlord about the problem and did not cause the issue yourself or prevent the landlord from fixing it, then you may have a case against them.

Talk to a Tenants’ Rights Lawyer

If you need help documenting a habitability issue in your apartment or home, contact Robert Rosenblatt & Associates. An attorney from our firm can help you hold a negligent landlord accountable.