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My bathroom ceiling has been leaking since may. it has

Customer Question
Good Morning, My bathroom...

Good Morning, My bathroom ceiling has been leaking since may. it has gotten increasingly worse and the ceiling looks like it will soon collapse. i brought this to my land lords attention in May and the maintenance man has come look at it a few times but hasnt done anything. I called the office today and they said the repairs will be made today. My question is that since they ignored this problem for 4 months am i within my rights to ask that we skip one months rent?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

New York

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

"Landlord will repair the plumbing heating and electrical systems"

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I guess he should know we also have an agreement of $300 off of the rent of $1800 a month because the apartment has no gas hook up for a stove because the land lord cannot afford to pay con ed what they owe them in order to have the gas hookup repaired.

Submitted: 10 months ago.Category: Landlord-Tenant
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Answered in 2 minutes by:
10/3/2017
Lawyer: barristerinky, Attorney replied 10 months ago
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 43,047
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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My question is that since they ignored this problem for 4 months am i within my rights to ask that we skip one months rent?

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Have you actually suffered damages to your personal property or been unable to use that bathroom at all?

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.

thanks

Barrister

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Customer reply replied 10 months ago
The bathroom does have a good amount of mold and the rugs have been ruined. My boyfriend who i share the apartment with and myself have both fallen from trying to use the bathroom and its soaked but no serious injuries. At times the bathroom is unusable from the amount of water coming through the ceiling. Also our shower head and toilet are broken and the maintenance man did not return to fix them. We finally replaced the shower head our self and have taped together pieces in the toilet tank so that we are able to flush the toilet.
Lawyer: barristerinky, Attorney replied 10 months ago

Ok, the landlord has a legal duty to provide a habitable dwelling, and if there were problems with the ceiling leaking, but it didn't make the bathroom unusable, then that doesn't make the property uninhabitable. But if it was intermittently unusable, that would make the property uninhabitable.

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So you could ask for some additional rent reduction, and if this got in front of a judge, he could end up taking off an entire month's rent due to the delay and inconvenience and to set an example for the landlord..

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But your recourse in a situation like this is always to call the local Code Enforcement or Housing Inspector out to inspect. They can cite the owner and force them to make repairs or be fined and even face criminal prosecution for repeated violations. So there is no reason for you to have to wait 4 months for a repair like this or for the commode or shower. So I would suggest you call Code today and request an inspection so they can force the landlord to make any other necessary repairs.

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They would be responsible for any property damages though so you want to take lots of photos of the damages and the ceiling so you have proof when you make a claim for your damages to the landlord or in small claims court if they won't settle.

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.

thanks

Barrister

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Customer reply replied 10 months ago
Okay, thank you. I have been hesitant to report it because i have heard of land lords retaliating or that going to court about a repair issue could make it very hard for you to get another apartment.
Lawyer: barristerinky, Attorney replied 10 months ago

It is illegal for the landlord to retaliate against a tenant for exercising their rights to have a decent place to live that meets code. New York state law (N.Y. Real Prop. Law § 223-b) prohibits landlords from retaliating against tenants and gives you the right to sue a landlord if he does for damages.

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And calling Code isn't related anywhere in the public records where future landlords could go and look up to see if a tenant called.. You don't go to court over it.. you call Code, they come out and inspect, then Code cites the landlord and tells them to fix things or face fines and other penalties. The tenant doesn't have anything to do with any issues between Code and the landlord.

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.

thanks

Barrister

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Customer reply replied 10 months ago
Okay great thank you we will do that.
Lawyer: barristerinky, Attorney replied 10 months ago

You are very welcome. Happy to help any time.

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister

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Customer reply replied 10 months ago
I spoke to the landlord's office and they said they would make sure the maintenance man handled the leaky ceiling and the toilet. Instead he came and replaced the shower head and the lock on the front door. I would like to get the code enforcement inspections but i have no found anywhere to request that.
Lawyer: barristerinky, Attorney replied 10 months ago

If you Google "Code Enforcement" and your city and borough, it should bring up the closest office to call and file a request for an inspection...

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.

thanks

Barrrister

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Lawyer: barristerinky, Attorney replied 10 months ago

Hello again,

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I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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