Construction during rental -- what's fair?
Started by laurahazardowen
almost 14 years ago
Posts: 26
Member since: Mar 2009
Discussion about
Hi, we're renting a nice 1-BR on the UWS. One of the biggest benefits of the apt is the roof deck; we're on the top floor and have sole access to it. About 6 weeks ago, we were informed the apt. next door had a leak and someone was coming to check out the roof. We came home to find our deck completely torn up/gone, a pile of boards and our stuff in a heap. We complained to the landlord and were... [more]
Hi, we're renting a nice 1-BR on the UWS. One of the biggest benefits of the apt is the roof deck; we're on the top floor and have sole access to it. About 6 weeks ago, we were informed the apt. next door had a leak and someone was coming to check out the roof. We came home to find our deck completely torn up/gone, a pile of boards and our stuff in a heap. We complained to the landlord and were told the roof had to be fixed but that we'd have our terrace back within 2 weeks; we were also told not to step on the roof. As I said, it's now been 6 weeks. The roof has been resealed, but the terrace is gone, so the space we pay for was not available to be used for the gorgeous spring weather we've had recently. We're told the construction of the terrace will start at the beginning of April. We've been paying the full rent all this time -- in part because we like the apt. and are trying to be patient. But this is unacceptable, right? We are essentially paying for an outdoor space we don't have access to. We're considering calculating square footage of the apt and withholding rent accordingly (in escrow) until the terrace is fixed. Does this seem fair? [less]
Is access to this roof deck mentioned in your lease?
No...we have a standard/form lease. Doors from the our apt. open out onto the (former) deck.
Sounds like you have no case. Even the way you describe it - you "have access", not "it's part of our apartment".
I'd be as nice as possible to the owners in hopes that they fix it up before Memorial Day. Remove concepts like "complaint", "unacceptable", "witholding rent", and "fair" from your mindset.
fair? lol.
Read your lease. See what your actually "renting."
Then talk to the landlord and explain your concern (loss of bargain if the terrace was mentioned in your lease).
laura, you should talk to your landlord about a reasonable rent reduction. It is hard to disagree that the roof deck was not a part of your lease. I would just pay what people in your building without a deck are paying.
300_mercer
about 2 hours ago
ignore this person
report abuse laura, you should talk to your landlord about a reasonable rent reduction. It is hard to disagree that the roof deck was not a part of your lease. I would just pay what people in your building without a deck are paying.
take this advice and end up in housing court.