Real Estate Ques - Landlord/Tenant Issue

Anyone on here a real estate attorney or, more specifically, versed in landlord/tenant laws?

Longgg story short the house we rent is in contract to sell to a buyer who is intending on keeping us in the house as tenants. This was supposedly all noted in the contract. When Sandy hit, it wiped out our hot water heater and gas boiler. I informed landlord and she said to get estimates and that she would "have" to pay it. I got three estimates and gave her them, the cheapest being $5500 for units and install. She then told me she couldnt afford it and was going to speak to her attorney. After a few days her attorney contacted us to tell us that my landlord and the buyer (new landlord) made a deal that the buyer would pay for the repairs and my landlord would reduce the sale of the house by $5500. The buyer wont make the repairs till after they close. The closing keeps getting delayed due to other home inspection issues (none of which would make the home unlivable). So now we are out of our home for over a month. No end in sight. I am 8 1/2 months pregnant and have a 2 yr old DS. My landlords attorney has told me that I have to "just deal with it" bc this is the deal they struck.

Is this legal? Do I have any recourse in this? I have called two attorneys and neither have returned my numerous calls. Any help or advice is welcome.

Re: Real Estate Ques - Landlord/Tenant Issue

I would assume it would be covered under your current landlord's insurance or at minimum she is getting money from FEMA for this.

I would contact this guy (who wrote the article about landlord's responsiblities post-hurricane): http://www.avvo.com/legal-guides/ugc/tenants-rights-after-hurricane-sandy

Re: Real Estate Ques - Landlord/Tenant Issue

I echo above poster. Also what about calling FEMA yourselves and explaining the situation and seeing what they say?

While we own our home, we did not have flood insurance and we got money to replace our boiler and the rest of our downstairs appliances.

Re: Real Estate Ques - Landlord/Tenant Issue

Thank you. She did not have flood insurance and apparently refuses to call FEMA. I called FEMA as my washer and dryer were damaged and asked them about it but since its part of the home and I am not the homeowner I cannot make the claim they said.

Re: Real Estate Ques - Landlord/Tenant Issue

I'm pretty sure (owning my own rental house) that you don't have to pay her if she doesn't provide heat and/or hot water. If I were you, I would take this time to look for another place. Leave your things there and look for another place. Take this time to save money, etc...

If not, you can take her to landlord/tenant court. That will take a while though. It's in Ronkonkoma, and it's only on Thursdays.

Good Luck!

Real Estate Ques - Landlord/Tenant Issue

Ummm, no. There is something called the warranty of habitability that landlords must adhere to.

http://law.onecle.com/new-york/real-property/RPP0235-B_235-B.html

I would call Nassau Suffolk legal services, they handle a lot of these kinds of issues and may be able to better guide you, but the issue needs to be repaired in order for the property to be inhabited.

Re: Real Estate Ques - Landlord/Tenant Issue

Thank you. I have not paid for November or December. Our stuff is still there. I have been looking but havent had a lot of luck in finding anything. I will look into the landlord/tenant court. Thanks again.