severe dammage by tenants
I need a bit of help. The 3rd floor tenants are rent controlled.They rigged up a shower back in the past with out the consent of the previous landlord. I asked them to put up a shower curtain they did not The water damage ran all the way down to the basement causing the repair…
I need a bit of help. The 3rd floor tenants are rent controlled.They rigged up a shower back in the past with out the consent of the previous landlord. I asked them to put up a shower curtain they did not The water damage ran all the way down to the basement causing the repair of joist @ 14,000. We,incidentally thought the leak was from a toilet that the previous landlord…however it was from their rigged up shower. Appertly the leak has gotten even worse. I had closed of my kitchen cabinets when I opened one to get a glass I discovered the cabinets were filled with black Mold and the wood was totally destroyed. I am now facing having to gut my kitchen (which I don’t have the money for and having to repair their bathroom and do mold containment. I frankly want them out or at least held accountable for their destruction. I figure another 10,000. bringing up the cost to 24,000. Can I do this with out a lawyer…our lawyer is fairly expensive and they are rent control. HELP!
BOD: Defective equipment can be replaced at owner’s expense; replaced with used or reconditioned equipment for which there is no entitlement to increase; or replaced with new, for which owner *may* be entitled to increase, subject to a number of variables. Because rent adjustment terms are complex and often hard to sort out (for both landlord and tenant); because approved increases apply on a permanent basis; and because many landlords and tenants are invested in an adversarial relationship, many LL’s AND rent-regulated tenants resist repairs and upgrades. None of that excuses the LL’s obligation to maintain existing equipment, services and premises in good repair. Some of these issues are addressed in this DHCR fact sheet: http://www.housingnyc.com/html/resources/dhcr/dhcr26.html
Despite what I said earlier, I have to agree with the later posts after we discovered the “bathroom situation.” It’s your fault for not having spent a little money renovating the bathroom into a decent one with a normal shower.
Penny wise & pound foolish.
It seems like the cause of the damage is the owner’s (or, possibly, the previous owner’s) not installing a simple D-ring shower curtain rod to hold three curtains, one against the wall. That, plus a simple add-on “telephone'” shower attachment might have cost as much as $100. It’s the cheap man who ends up spending the most money.
One more question, why are they refusing access to fix the heat? Come February they could be in there using space heaters or the stove and you DON’T want that to happen.
presumably you knew about the shower rig in this apartment before you purchased the building from previous owners, correct? Why would you (or the previous owner for that matter) *not* install a proper shower assembly as someone previously mentioned?
Vinca, I don’t know the laws but can the RC tenants rightfully refuse that upgrade? (bc that cost could be potentially be added to their rent)
By asking them to simply put a shower curtain up in my opinion sends a message that you “approved” their makeshift set up instead of correcting it properly.
“the house has the original bathrooms from the 1910 renovation turning the house to a 3 family dwelling. The bathtubs are small 4′ claw foot with the original drains and fixtures. It was never meant to have a shower”
So does this mean that YOUR apartment has no shower either?
Exactly which branch of socialism believes that tenants should be grateful to bathe from buckets? For $1,000, more or less, depending on fixtures, you could have installed fully-functioning shower fixtures. (See, for example: http://www.signaturehardware.com/product463 ) For a little more, you could have installed modern tubs. Now you’re (allegedly) facing a $14,000-$24,000 repair, but still blaming your tenants. I regret that I provided a link to the “Landlord’s Guide” so quickly, when it’s your tenants who really need the help. Hope they’re reading along; the free help desk at 140 Livingston is there for them, too.
LANDLORD’S DUTY OF REPAIR: Landlords of buildings with three or more apartments must keep the apartments and the buildings’ public areas in “good repair.” Landlords are required to maintain electrical, plumbing, sanitary, heating, and ventilating systems in good and safe working order. Landlords must also keep in good working order appliances they install, such as refrigerators and stoves. Landlords also have a legal duty to keep every part of a multiple dwelling clean and free of vermin, dirt, garbage or other offensive material. Tenants should bring complaints to the attention of their local housing officials. (Multiple Dwelling Law Sec. 78; 80; Multiple Residence Law Sec. 174)
I doubt you can sue for damages.
You state:
“I asked them to put up a shower curtain they did not The water damage ran all the way down to the basement causing the repair of joist @ 14,000.”
That’s one hell of a lot of water! If you knew the water was causing a problem then you are responsible for mitigating damage, not just sitting there wringing your hands. You need to step up and be a landlord.
Case dismissed.
So you mean the bathroom was unaltered for the last century?
Had you provided them with a real bathroom with a shower this wouldn’t have happened. A simple showerhead isn’t too much to ask for in the year 2009
the house has the original bathrooms from the 1910 renovation turning the house to a 3 family dwelling. The bathtubs are small 4′ claw foot with the original drains and fixtures. It was never meant to have a shower. They rigged it so they attached a garden hose to the spichet and a hose to the SIDE WALL. SO WHEN THEY SHOWER THERE IS NO WAY TO PREVENT THE WATER FROM HITTING THE WALL.
My question is can they be made financially accountable for the damage they created? If they had a security deposit which they don’t ….
Can I take them to small claims court?