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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33779
Experience:  Attorney for over 15 years, landlord 26 years
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I moved into a apartment2 years ago that had a leak. Found

Customer Question

I moved into a apartment2 years ago that had a leak . Found out that it was coming from the apartment up stairs shower after about a year of landlord changing tile, I had a waterfall in my apartment. It went allover my chair and other things right to the basment. He was told the shower wall and pipes should be replaced. He patched them up with plummers calk and called it fixed.I am worried it will happen again .I told him he should fix it right or I will hold my rent. Is this OK to do?
Submitted: 10 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 10 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Can you tell me what state this is in?

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Are you still having any leaks or problems with water coming through?

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Did the landlord compensate you for any damaged personal property?

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thanks

Barrister

Customer: replied 10 months ago.
I live in New York, Mills N.Y No leaks right now. He said he will pay for having my chair and carpet cleaning.
Expert:  barristerinky replied 10 months ago.

Ok, from a purely legal perspective, a tenant doesn't' have the legal right to determine how a landlord fixes a problem. They can just hold the landlord liable if they don't fix it so it stays fixed. So if the landlord has taken steps to fix the problem, and done so, even though it might not be what you would prefer, then you wouldn't be in a position to withhold rent and demand that they fix it the way you feel it should be fixed.

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So to be blunt, if he does a half-assed job and the problem reoccurs then you have the right to sue him for any damage that you incur due to his negligence in not fixing it correctly the first time. But you as a tenant can't dictate how he has to take care of his property and fix any problems as that is entirely up to him, subject to any code or housing ordinances.

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With that said, if you feel that the repairs are not up to code, you can contact the local Code Enforcement office or Housing Inspector and request an inspection where they can cite the owner for any violations and force him to make repairs so as to bring the property up to code.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister