I live in a 1 bedroom condo in Chelsea, paying $3200 a month. There has been a consistent dripping behind the wall in the living room for the past 6 or 7 months, and the floorboards near the wall have begun to rot. (It's dripping right now, in fact.) The unit owner has been aware of the problem for a few months, and has been going back and forth with the building's management about the cause of... [more]
I live in a 1 bedroom condo in Chelsea, paying $3200 a month. There has been a consistent dripping behind the wall in the living room for the past 6 or 7 months, and the floorboards near the wall have begun to rot. (It's dripping right now, in fact.)
The unit owner has been aware of the problem for a few months, and has been going back and forth with the building's management about the cause of the leak (if it's one thing, the owner pays, if it's another, the building pays.) The leak has yet to be fixed, and it doesn't look as if it will be fixed any time soon.. I'm concerned that there is mold growing in the wall. Since I've moved in, my allergies and sinuses have been extremely aggravated and the minute I step outside of the apartment, I feel much better.
Would I be able to move and get my deposit back through housing court? What are my options at this point? My health is being severely affected. Any advice would be greatly appreciated...
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Response by Lance1
about 15 years ago
Posts: 39
Member since: Apr 2010
Call your landlord first and try to work it out
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Response by bramstar
about 15 years ago
Posts: 1909
Member since: May 2008
Lance, he's already called the landlord. RBS--leaks are a really difficult issue--it is often very hard to pinpoint exactly where the problem is. However, that does not excuse a no-action response, which is clearly what you've been getting. The following link may be of help:
Thanks for the link - perhaps I should try calling 311 as well?
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Response by bramstar
about 15 years ago
Posts: 1909
Member since: May 2008
It cannot hurt to try 311. Always best to exhaust all options before resorting to court, which can be a major PITA.
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Response by Miette
about 15 years ago
Posts: 316
Member since: Jan 2009
A sternly worded letter from a lawyer to the unit owner and landlord might help.
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Response by ab_11218
about 15 years ago
Posts: 2017
Member since: May 2009
i would send an email out to the LL letting him know your concerns and tell him that if the issue is not remedied within next 30 days, you are moving. then use up the security deposit and last month's rent and move.
if he takes you to court, which he won't, you will have the proof that you notified him of the issue months in advance and then let him know that it's affecting your health. LL did not do anything, the apartment is damaged due to other issues, there's no reason for LL to hold your security to begin with. just take pictures of the apartment prior to leaving showing that you did not cause any damage.
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Response by bramstar
about 15 years ago
Posts: 1909
Member since: May 2008
>>A sternly worded letter from a lawyer to the unit owner and landlord might help.<<
Or a letter from you cc'd to an attorney would also pack a similar punch if you don't want to have to pay an attorney to generate the letter.
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Response by alanhart
about 15 years ago
Posts: 12397
Member since: Feb 2007
Isn't this what insurance is for?
I would think the landlord should contact his insurance company, have them assess the problem, and take it from there (i.e., wouldn't LL's insurance company then just hit up the building's insurance co. for interior repair costs, and then building's insurance company would force building's hand to make exterior/plumbing stack repairs?).
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Response by RBSky
about 15 years ago
Posts: 10
Member since: Jan 2010
@alanhart - I completely agree with you. It seems like the unit owner should have insurance.. I do have rental insurance, but seeing as this wasn't my fault, I'm not sure how valid any claim from my end would be. I've had to deal with crap from our LL before - the stove broke, and it took the LL a month to get a replacement.
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Response by RBSky
almost 15 years ago
Posts: 10
Member since: Jan 2010
Seeking opinions again.
Still no word on when this will get fixed. Management company is coming to "look" at the leak on Tuesday. I'm pretty much fed up with this situation. I got a take home mold test kit sent to a lab, and the lab says there is a mold presence in the apartment.
I pretty much just want to use my deposit as March's rent, leave my furniture in the current apartment, crash with a friend and give myself time to find a place for April 1st.
Would this hold up in housing court if the LL decides to go there? What does everyone think?
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Response by Goldie
almost 15 years ago
Posts: 182
Member since: Apr 2007
You can certainly use your deposit as last month's rent and that should be the dream outcome for your landlord. I would just tell your landlord that's what you're going to do and get them to agree in writing. If you go to a lawyer and there is mold and you have health issues the landlord will be paying for your health costs, your moving expenses, new mold tests and the risk of expensive mold remediation. Your landlord should be very happy that you're generous enough to let them off the hook.
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Response by bramstar
almost 15 years ago
Posts: 1909
Member since: May 2008
Be careful, though, not to open yourself up to any litigation. A history of litigation, even if you're the wrongly accused defendant, will make it very difficult for you to purchase in the future (especially in a co-op) if that's your goal.
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Response by RealEstateNY
almost 15 years ago
Posts: 772
Member since: Aug 2009
The landlord should have repaired this months ago and than if he/she thought it was the Management's problem he/she should have fought it out with them as to who pays the cost. If you have a well documented case I would give the landlord a final ultimatum and if it is not repaired you could move out or if you want to say until the end of the lease, make the repairs yourself and deduct it from the rent. I don't think any court would find in the LL's favor considering the length of time the problem has existed. Just my opinion of course. Always best to consult an attorney in these matters.
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Response by cyberkickme
about 13 years ago
Posts: 0
Member since: Dec 2012
Mayeb you can call a contractor. Then they can send a quote to your management. Try www.dawnwaterproofing.com
Call your landlord first and try to work it out
Lance, he's already called the landlord. RBS--leaks are a really difficult issue--it is often very hard to pinpoint exactly where the problem is. However, that does not excuse a no-action response, which is clearly what you've been getting. The following link may be of help:
http://www.nyc.gov/html/hpd/html/pr/violation.shtml
Thanks for the link - perhaps I should try calling 311 as well?
It cannot hurt to try 311. Always best to exhaust all options before resorting to court, which can be a major PITA.
A sternly worded letter from a lawyer to the unit owner and landlord might help.
i would send an email out to the LL letting him know your concerns and tell him that if the issue is not remedied within next 30 days, you are moving. then use up the security deposit and last month's rent and move.
if he takes you to court, which he won't, you will have the proof that you notified him of the issue months in advance and then let him know that it's affecting your health. LL did not do anything, the apartment is damaged due to other issues, there's no reason for LL to hold your security to begin with. just take pictures of the apartment prior to leaving showing that you did not cause any damage.
>>A sternly worded letter from a lawyer to the unit owner and landlord might help.<<
Or a letter from you cc'd to an attorney would also pack a similar punch if you don't want to have to pay an attorney to generate the letter.
Isn't this what insurance is for?
I would think the landlord should contact his insurance company, have them assess the problem, and take it from there (i.e., wouldn't LL's insurance company then just hit up the building's insurance co. for interior repair costs, and then building's insurance company would force building's hand to make exterior/plumbing stack repairs?).
@alanhart - I completely agree with you. It seems like the unit owner should have insurance.. I do have rental insurance, but seeing as this wasn't my fault, I'm not sure how valid any claim from my end would be. I've had to deal with crap from our LL before - the stove broke, and it took the LL a month to get a replacement.
Seeking opinions again.
Still no word on when this will get fixed. Management company is coming to "look" at the leak on Tuesday. I'm pretty much fed up with this situation. I got a take home mold test kit sent to a lab, and the lab says there is a mold presence in the apartment.
I pretty much just want to use my deposit as March's rent, leave my furniture in the current apartment, crash with a friend and give myself time to find a place for April 1st.
Would this hold up in housing court if the LL decides to go there? What does everyone think?
You can certainly use your deposit as last month's rent and that should be the dream outcome for your landlord. I would just tell your landlord that's what you're going to do and get them to agree in writing. If you go to a lawyer and there is mold and you have health issues the landlord will be paying for your health costs, your moving expenses, new mold tests and the risk of expensive mold remediation. Your landlord should be very happy that you're generous enough to let them off the hook.
Be careful, though, not to open yourself up to any litigation. A history of litigation, even if you're the wrongly accused defendant, will make it very difficult for you to purchase in the future (especially in a co-op) if that's your goal.
The landlord should have repaired this months ago and than if he/she thought it was the Management's problem he/she should have fought it out with them as to who pays the cost. If you have a well documented case I would give the landlord a final ultimatum and if it is not repaired you could move out or if you want to say until the end of the lease, make the repairs yourself and deduct it from the rent. I don't think any court would find in the LL's favor considering the length of time the problem has existed. Just my opinion of course. Always best to consult an attorney in these matters.
Mayeb you can call a contractor. Then they can send a quote to your management. Try www.dawnwaterproofing.com