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landlord / tenant responsibility question — Brooklynian

landlord / tenant responsibility question

mh004g
mh004g
edited November -1 in Prospect Heights
After my husband was mugged inside our building on Friday, our landlord said he'd call his locksmith but never did. Peter was mugged in the building at 10pm and his building and apartment keys were taken, along with his id with our address (and they were already in the building so they know where we live anyway).

We called a 24 hour locksmith and had our locks changed at 3am, when our landlord never showed up after talking to him at 10:30pm. We didn't have the building door lock changed and he said he "couldn't get ahold of his locksmith and it would take time to fix." We had to fight with him all day the next day to get him to do it - the mugging took place in the hallway and they now had keys to re-enter the building.

We tried to claim our locksmith charges with our rental insurance claim, but were told it was the landlord's responsibility to change the locks. The landlord is telling us our locks are not his responsibility (this is the same landlord who told us our heat is broken in our apartment and he doesn't intend to fix it anytime soon.)

I can't seem to find any clear law about stolen keys/lock replacement. Does anyone know what the law is (and possibly where to find it in writing?) Or, is there a tenant advocacy group that covers Crown/Prospect Heights?

Thanks,
Moria

Comments

  • arlette
    arlette
    Sorry to hear about your husband and hope he is okay. Not sure about the responsibility of the locks but I would suggest you document everything and contact your landlord by cellphone if you have one so that you have a record of the notifications and conversations you had with him in regards to heat and lock complaints. . He should deduct the cost of the locks from your rent.You saved him more problems should the muggers enter the premises and break into other tenants apts or hurt someone in the process. I dont think they will return to the scene of the crime for fear of getting caught but might have someone else do it. I know you can complain about the heat to 311 and also check with them in regards to the lock issue as well.
  • armchair_warrior
    armchair_warrior
    if you have simple heat and lock changing problems. i suggest you move out soon as possible sounds like a slum lord.

    no point in dealing with scum like that. they just want to take your money.

    if more stuff come up i'm sure he won't get around to fix it.
  • mh004g
    mh004g

    Subject: can't move

    Well, we spent $1k to move and $2500 on brokers fees. We have an infant and can't afford to move right now. We are leaving the country in a year, so a move would be uneconomical.
  • armchair_warrior
    armchair_warrior
    wow that sucks. if you are moving out of the country and not coming back. take the LL to court.
  • stacey
    stacey

    Subject: Re: can't move

    mh004g wrote: Well, we spent $1k to move and $2500 on brokers fees. We have an infant and can't afford to move right now. We are leaving the country in a year, so a move would be uneconomical.
    Im really not sure what your legal rights are. I'm pretty sure that the landlord is not responsible for your locks but the front locks he is. You may want to check with www.tenant.net and see if this has been brought up there. Is this a multiple dwelling (more than 4 apartments)? If so maybe HPD or one of the other agencies can help you. If the locksmith cost was too much for you to absorb you can always call the Brooklyn Victims' Services and see if they can reimburse you/help you out.

    If I am not mistaken if a crime happens in a building and a main policy holder does nothing to prevent it from happening again - his insurance company may not reimburse him for any loss and then he can open himself up to some civil litigation on the part of the tenants. Maybe if you hit where it hurts (the wallet) it will speed things up.
  • mateo
    mateo
    I would just deduct the cost of the locksmith out of your next month's rent. And when you send a check, include a photocopy of the bill/receipt from the locksmith.

    The tenant's right guide agrees with me: http://www.oag.state.ny.us/realestate/habitability.html
    In emergencies, tenants may make necessary repairs and deduct reasonable repair costs from the rent. For example, when a landlord has been notified that a door lock is broken and willfully neglects to repair it, the tenant may hire a locksmith and deduct the cost from the rent. Tenants should keep receipts for such repairs.
    He's also responsible for providing heat (see same).
    Heat must be supplied from October 1 through May 31, to tenants in multiple dwellings if: a) the outdoor temperature falls below 55 degrees Fahrenheit, between 6 A.M. and 10 P.M., each apartment must be heated to a temperature of at least 68 degrees Fahrenheit; (b) the outdoor temperature falls below 40 degrees Fahrenheit, between the hours of 10 P.M. and 6 A.M., each apartment must be heated to a temperature of at least 55 degrees Fahrenheit. (Multiple Dwelling Law § 79)
    Now, I'm not sure if getting mugged and having your keys stolen count as the lock, "being broken" but the fact that muggers were able to enter the building should make it his responsibility.
  • mateo
    mateo
    Looking at it a little closer, I would reinforce what I said earlier. If you had just lost your wallet on the train or what not, I think your landlord would have the right of things... you messed up, you pay for the change of locks. But the landlord is obligated to provide a safe environment and given that your husband was mugged inside of the building, the landlord failed in that responsibility. Paying to change the locks would be the least of his duties... reimbursing you for anything stolen, paying for any hospital bills, etc., might also fall under that auspice.

    But if you really want to know, hire a lawyer.
  • MOD
    MOD
    I could be totally wrong and this is just an opinion, but say if you had lost your keys, you would be responsible. Some leases actually charge you a fee for replacement keys and replacing the lock.
    If the circumstances were that the mugger entered behind you, then again, it's a bit of bad luck and not being vigilant about your surroundings, but still you are the sole victim. If there's a lock on the front door and he got in because you unlocked it, then the landlord is not responsible. How could he control the event any further and be the cause therefore liable?

    Is there a lawyer in the house to shed a little light?
  • mh004g
    mh004g

    Subject: front lock answer

    Actually,
    No matter where we were, if we were mugged, he is responsible for replacing the locks. Period. This is according to the Attorney General. If we lost the keys, we'd be responsible. Now we're just hoping to find an answer about our own locks - the rental insurance company won't cover it because they say he's responsible, not us, but he says he's not. If anyone can shed some light on this we'd really, really appreciate it!
    :?:
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