Posted by TenantNet on August 02, 1998 at 15:10:18:
In Reply to: Landlord is unreasonable posted by Emily Shieh on July 23, 1998 at 16:17:20:
: Unable to open my apartment door with my key (door is pretty old), called emergency and waited there for one hour, no body showed up, left my apartment and took NJ transit to my relative in NJ, called again next morning at 6:30am and left msg for super hoping to meet him at my apartment at 9:30am that morning. when I got there nobody was there and tried again with my key (at this point, actually the super did come to check it at 1:30 am but did not leave a note or anything and before he left he locked both locks, I only locked one) and of course I wasn't able to open the door at all. Went across the street to look for landlord but the doorman told me he just left the building and he did not have his phone number of beeper number so I decided to call locksmith at this point and left super another message again on his machine and indicated I will deduct the locksmith charge from my monthly rent. Now my landlord is not happy about it and on the back of the cashed check he wrote "record an account to full rent due, and accepted under protest that tenant has no right to deduct from rent". Is he right?? need some advice if he takes legal action.
NY does not have statutory repair & deduct, but many court cases have allowed this, especially in case of emergency, which this is. You notified landlord and took other precautions. Let him sue, do your homework and present your case. Let a judge decide.
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