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Negligent Landlord — Brooklynian

Negligent Landlord

adamant
adamant
edited November -1 in Prospect Heights
There has been a leak in my bathroom ceiling for a month or so and last week it finally broke through and created a 6 inch hole.

I called my landlord about it immediately and he told me he would go upstairs to repair the leak then would repair the hole. Of course it never happened. So I got in touch with his office and they said they would put me on a work list for monday. I was in VA so i had to arrange for someone to be their all day monday. No one ever came and I repeatedly called all three of his numbers to no avail.

This is getting extremely frustrating and I'm also afraid if he does come he'll do another shitty patch job like he did last time. I'm curious as to what my options are? I'm calling 311 no matter what but should I attempt to get them to fix it. Or should I get an outside service and have them repair it then deduct it from next months rent(what are my legal rights in doing this)? Should I notify him via certified letter that I'm going to fix it myself?

Oh and does anyone know someone who is qualified to fix this ceiling?

Any help would be much appreciated.

Comments

  • eterpay
    eterpay
    Are you in a rent-stabilized apartment or not?
  • adamant
    adamant
    I am not in a rent-stabilized
  • daver
    daver
    http://tenant.net/faq.txt

    Look under WARRANTY OF HABITABILITY and then YOUR REMEDIES.
  • whatchuwant
    whatchuwant
    Is the hole preventing you from using the shower? Is your hot water affected? You'll probably just have to deal until he comes to fix it. If you bring in a repair person, you probably won't get re-imbursed, so I would advise against that.

    I've had PLENTY of holes in my ceilings at one time or another. They patch it as well. It's just what they do. It's the landlord's prerogative to repair the building how they choose, even if it is only with spit and glue.
  • adamant
    adamant
    How is the situation change if there is black mold surrounding the area?
  • daver
    daver
    It's a violation of the warrant of habitability. If you want to go nuclear on it, then tell your landlord in writing that it needs to be fixed by X date (law is "reasonable" amount of time, whatever _that_ means) or you are going to get it fixed yourself and deduct the cost from your rent. This is detailed in the link above.
  • adamant
    adamant
    Thanks
  • whatchuwant
    whatchuwant
    Yea, mold is bad.

    WARRANTY OF HABITABILITY

    The Warranty of Habitability is an important section of the New
    York Real Property Law. It requires owners of buildings to keep
    their premises safe, clean and in good repair. Both the common
    areas of buildings and the interiors of apartments must be free
    of any condition that is detrimental to a person's health, life
    or safety.

    Under the Warranty of Habitability, tenants frequently seek rent
    abatements by withholding rental payments, in order to get a
    service restored or a defective condition corrected. If there is
    a need for an emergency repair that the owner refuses to address,
    tenants may also contract privately to have the repair done, and
    then deduct the cost from the rent.

    An owner's liability is limited, however, if the cause of the
    service disruption is the result of a labor dispute. If there is
    such a strike, and the owner reaps a profit as a result, a court
    may order the owner to "pass through" the saving to the tenant in
    the form of a one-time rent reduction.

    Before a tenant withholds rent, it is advisable to consult an
    experienced tenant organizer, legislative office, or attorney in
    order to assure that the law is being properly applied.

    The legal procedures available under the Warranty of Habitability
    are explained in greater detail in the section of this booklet
    entitled, "Your Remedies."
  • modsquad
    modsquad
    You have yet to inform your LL legally. If your relationship was decent then a phone call is fine. Unfortunately you need to certify a letter. You could Fed ex him too, that would withstand in case you needed to fix and deduct the expense yourself. You have one more option however, I did this last year with my LL. I had a bunch of hippies living above me and for whatever reason they would overflow the tub. Who woulda thought hippies took baths? It was the overflow on the tub that was leaking, not a big deal, but it cased a chronic leak into my bedroom. The LL ignored this because it was not a big deal to him until it started to leak through my apartment to the apartment below. Did I mention that I found some loose floor boards and ran a hose from my kitchen sink?
  • daver
    daver
    modsquad wrote: I had a bunch of hippies living above me and for whatever reason they would overflow the tub. Who woulda thought hippies took baths?
    Nah, it's hydroponics man. :mrgreen:
  • modsquad
    modsquad
    It is unlikely you can get the repair done yourself. If it is coming from the apartment above it would require access to that apartment. Something that that tenant would be reluctant to do as it would possibly violate their lease. Usually repairs done by tenants have to have prior approval from LL. It sound like the leak is intermittent. that could be as simple as the wax ring needing replacement under the toilet. That is a simple repair. However it could involve the settling of the main drain stack, a potentially much more serious problem. Have you checked with your upstairs neighbor? Maybe somebody already looked and discovered a major problem.

    I'm presuming this is a toilet leak. I probably shouldn't, generally a toilet leak makes a more isolated spot (6" hole). If its a rotten P trap under a sink it usually spreads out . I need to step away!
  • daver
    daver
    Well, yeah. OP could get his ceiling repaired himself, but if it is still leaking from the apartment above, then that would be different. My experience is that leaks usually get fixed fairly fast, but ceiling holes, well...
  • xlizellx
    xlizellx
    wow, same thing going on with me. ceiling fell in, mushrooms growing on the ceiling, black mold all over the place... after a month of calls he finally showed, cut open the ceiling, and hasn't returned to actually fix it.

    now my bathroom is a million degrees, still moldy, and has a huge hole in the ceiling.

    no call back from the landlord. yuck.

    good luck ... i would do the work myself, but if the place upstairs is still leaking, what's the point?
  • modsquad
    modsquad
    xlizellx and OP,

    If you guys are collecting water in a bucket under the the leaks then you are "enabling" the LLs bad behavior. you need to inform him legally, siting the clauses in your lease, maybe constructive eviction, and Warranty of Habitability statutes. Send him a certified letter. Phone calls, confrontations in the hall are not considered legally notifying unless you want to drag a witness to LL/Tenant court. Furthermore, you are not obliged to protect LL's property or another tenant's property below you if that bucket overflows or you forget to place it there. Inform the LL that you are worried about further damage to property other than your own. This is a nice way to show how responsible you are also informs him of potentially more damage that you will not be responsible for.
  • armchair_warrior
    armchair_warrior
    op why give you money to a neglectful landlord, move out and go some where where your money is appreciated.
  • wonderroom
    wonderroom
    Arg....

    We had a leak 4 months ago coming from the apt above us. Our LL finally fixed the leak, but the hole in the ceiling above our shower has been there ever since.

    I love my apt more than any other apt I've ever lived in, so if that means I have to deal with the hole then so be it. It's the price I pay for renting.
  • joseph11
    joseph11
    Call 311 tell them that you have a water leak. Get the complaint number. Call you landlord, record the call. Tell him that you called 311. If he don't fix it. Don't pay you rent. Fuck him. He'll fix the problem if he's not gettin paid.
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