landlord entered my apartment stating a water emergency while i wasn't home. That is all he told me and when I got home I found that the power cord to my washer was missing and that the faucet attachment to the sink was also missing He never once has contacted me since then My mother who lives In The building stated that the landlord told her my washer hose had flooded my kitchen and that it had caused the ceiling to cave in in the downstairs apartment. He told her that he uninstalled my power cord and that I could have it back when I moved. He took my cord without permission I also spoke with the dowbstairs neighbor and she states that the ceiling already had a hole I have refused to pay him a portion of the rent bc of this issue. He has not contacted me once or told me anything himself.
Dear Utica Tenant:
Upstate, Downstate, a landlord may not legally "evict" a tenant without succeeding in a proper court proceeding, whether suing for rent ( a nonpayment summary proceeding) or for lease termination ( a holdover summary proceeding.)
This is important. If your have a lease, the landlord may not "terminate" the lease based on not paying rent. New York law would require a nonpayment summary proceeding in a case where a tenant has a lease and stopped paying rent. Based on your described facts, you would not properly defend the lawsuit for rent based on a decrease in services, because you did not make a demand on the landlord to replace the faucet attachment and power cord for the washer. In any case, it would be difficult to argue that the loss of the washing machine is a breach of the statutory Warranty of Habitability. If you could convince a judge to "abate" the rent for the loss of the washer, I would not expect the abatement to be more than 10% of the monthly rent.
If the downstairs neighbor informed you that she did not experience a water leak from your apartment then it would seem that the landlord's entry into the apartment without justification and taking away your use of the washer may be a breach of the lease; but even then, that "defense" is not likely to totally erase the rent obligation.
Of course, if you have no lease or your tenancy has gone month to month, the landlord has the right to end the tenancy with nothing more complex than a one month notice. If the rent due date is the first day of the month, the landlord has the rest of December to serve you with a tenancy termination notice to end the tenancy on January 31, 2015. if you do not move out, the landlord would start a summary holdover proceeding.
So check out your tenant rights at:
You may consider consulting with a Legal Aid attorney in Utica:
The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.
If you haven't paid your rent, or a portion of it, the landlord may commence an eviction proceeding after making a rent demand, which can be oral or written. If the demand is written you must be given 3 days to pay the rent. The landlord does not have to give you a 30 day notice unless he wants to move forward to terminate your tenancy if you do not have a written lease.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline