Re: T doesn't allow me to enter, repairing worker only

Re: T doesn't allow me to enter, repairing worker only by Garry on February 27, 2021 @22:55

You should call off the Monday date to repair the furnace until the Housing inspector can be there WITH you. ( even if the inspector can't be there till next week.) Tell the inspector you want them to do a full-blown inspection of the entire premises, and YOU NEED to accompany the inspector everywhere.

The main thing is, you need to have the inspector verify the furnace won't work, before you will call a repairman. Call off the inspection if the T. won't allow YOU in, too. The inspector is your FRIEND in this situation. They are a city official, and have the power to call the police if need be. And they also have the power to force the T to vacate the place if there is no heat and it's too cold to be without it. Most city inspectors have dealt with problem tenants like this before, so let the inspector take the lead.

Yes, the inspector will maybe find a bunch of things wrong with the place, but they can also tell the T that they MUST let you in to repair things. And with you, the T, and the inspector all there in the same room,(and maybe a police officer,too), you then have witnesses and maybe you can argue to the inspector that the T caused certain damages that you expect the T to repair.

[ Reply ] [ Return to forum ]

Re: T doesn't allow me to enter, repairing worker only by ownernj on February 28, 2021 @08:08	[ Reply ]

Thank you for your ideas which makes logic sense. I am trying to be FREND with the inspector, as you wisely pointed out, but he seems playing a game, and I don’t know how to deal with him, too. The inspector would not do what you suggested. T. reported to Housing, then made me aware of on Tuesday, The inspector already went inside on Wednesday or Thursday, and he could tell the heat is not working. But he didn’t and wouldn’t inspect the furnace. T. asked PSE&G (Electricity Co.) to check, and the technician believed something wrong with the furnace. I can tell that the inspector doesn’t want to take the leader, or play such role that you suggested. His first priority seems to fix the furnace no matter what. Then he wanted T. and me to work it out. Housing (the inspector and other reps on the phone) know from beginning that T. only allows the worker to enter, not me. Inspector told me on Thursday that they never experienced such thing, he would have to check with his supervisor. So, they don’t have such experience. I called lawyers, my associates, Lease, and also NJ / city codes on the same day Thursday. So, I texted the inspector about my legal rights, and where my sources are from. Inspector didn’t call me on next day Friday morning as he said he would until after I checked with him for next step about 3:30pm. Then about 4:10pm, he did check with his directory, and asked me to call their legal department to find out if I have rights to enter (wouldn’t be his job to check it out with his legal depart?), and by the way the department would be closed at 4:30pm. I immediately called, and the rep. from legal department clearly stated that I have the right to enter in 24 hrs notice. The rep. also asked me to follow up with the inspector (Ball seems back to the inspector’s court). Then in evening, I texted the inspector what his legal department said, and clearly told him that if T. doesn’t allow me to enter, I will not accept it. What you said makes sense, but, the inspector would very likely not do/say anything before 9:30am, Monday, as scheduled with T. The inspector in the loop of the conversation with T. My feeling is that I shouldn’t be the one to call off the Monday’s schedule. That is why I figured out the “plan’’. After read your message, I am thinking, should I ask Inspector again what I should do next before 9:30am, Monday before I go there? Should I ask him like if he would be there at 9:30am if I and worker there? This sounds a complicated issue. I appreciate your patience.

Re: T doesn't allow me to enter, repairing worker only by ownernj on February 28, 2021 @08:34	[ Reply ]

Also, every time when I response to the inspector, I always use email/text, by the inspector never left any in writing, he replied always using phone call.

Re: T doesn't allow me to enter, repairing worker only by Garry on February 28, 2021 @09:43	[ Reply ]

Since the inspector has already been in the place, and determined you need to repair the furnace, then that's what you must do tomorrow morning. I guess if the T won't let you in, go ahead and get the repairman in anyway,to fix the furnace. At least that way, you will look "good" in the inspector's eyes. I realize it irks you to no end that the T has paid you no rent for months, but now you must fix a furnace for him. That's very unfortunate for you, but it's just the way life is right now with the pandemic. If you think about it, what good will it do for you to do an inspection, even if the T DID allow you in? If there are $1,000s of dollars in damage inside, you can't/shouldn't do anything about it till the T is gone. You can't force the T out while the eviction moratorium is still in place. And the T wouldn't let you back in anyway to fix the damages. For right now, YOUR STUCK! Get the furnace fixed, and leave the T alone until the E. moratorium is lifted. If you have no rent coming in, you need to treat it like it is a long-term vacancy. The "light at the end of the tunnel" is coming, though. Pres. Biden will only be extending the moratorium till Sept 30. With most of the country being vaccinated by then, the country should be back to normal by then. You can then evict the T in Oct.

Re: T doesn't allow me to enter, repairing worker only by ownernj on March 4, 2021 @09:57	[ Reply ]

Just wanted to update you on what has happened. I forwarded CITY CODES, and my lawyer's messages to the Housing investigator, stating that owner has the legal rights to enter, and there is no legal ground for T. not allow me to enter. Finally, the investigator asked me to check with Housing legal team which confirmed the same as well. The investigator didn't response on my question if I should go for the appointment because even I go there T. won't allow me to enter anyway. After I think over, I eventually went there. The T didn't show up in the property at all. Only daughter there and he allowed us to get in the living room. But, the bedroom the entrance the to the attic furnace was locked up. We cannot do anything with the furnace. After that, T lied about it by saying he was there until 10:15. That was a bluntly lie. we got there 9:14am, during this time, nobody saw him at all. He lied about a lot of other things as well. Since then, I have not heard anything from the investigator. I told him what has happened. I don't know what should I do next, if all the sudden the investigator would give me a ticket?

Re: T doesn't allow me to enter, repairing worker only

Re: T doesn't allow me to enter, repairing worker only - Landlord Forum thread 361143