No heat and water in rental property

[Matt B.]

Hi All,

I own a rental property in a condo development in NYC. One unit a few condos away is vacant (owner was foreclosed on). There is not heat in that unit and the water pipes keep breaking. As a result, they had to shut the water down to about 9 units until the vacant property is fixed. Currently my unit that is rented out has not had water since 7pm on 1/8/18. Also, we have base board head which runs on water. The property management company for the complex has been trying to get a plumber in since it happened but as of now, no plumber has come.  My unit has working pipes and working HVAC but since the main has been shut off, my water has been shut off along with 9 other units. I know NYC law says landlords must supply heat and hot water but this is beyond my control. Am I liable for this?

Thanks!

[James Wise]

Originally posted by @Matt B.:

@James Wise very well put. I understand what your saying. I was always under the opinion that I'm responsible for the unit itself and must make sure everything is in working order. I guess that opens up the question of where does it end? I'm responsible for the wiring of the house and making sure all appliances are working, but what if the tenant doesn't pay the water or gas bill and the utilities company shuts them off? Yes I am providing them a service but does that mean I have to pick up the bill to keep those services on?

 Sometimes yes it does. Also sometimes you will need to pick up the bill to save yourself more loss.

Example: Property A is located in a cold climate like Cleveland, Ohio. It's -3 Degrees in January. Tenant stops paying the gas bill. If you let the gas company turn off the gas there will be no heat in the house. This will cause the pipes to freeze. Once the pipes freeze they will burst & cause several thousand's worth of damage like we see in the photo below.

You gotta ask yourself what's worse for the bottom line? Picking up some utility bills when you don't want to or this?