Ripped up Roof Deck
Came home from work to see that my landlord had removed our deck (that he installed) because of water damage in the unit below. He stated that it won’t be replaced. This was a major selling point when we moved in and we’re sad to see it go. Do I have any rights here as…
Came home from work to see that my landlord had removed our deck (that he installed) because of water damage in the unit below. He stated that it won’t be replaced.
This was a major selling point when we moved in and we’re sad to see it go.
Do I have any rights here as a tenant?
You an also check with an attorney who knows landlord/tenant law. A way to get a cheap consultation with an attorney who specializes in any area is to call the lawyer referral hotline of the association of the bar of the city of new york – go to abcny. com or org, I forget which. For something like $35, last time I looked, you can get a half hour consult, which should answer your question definitively, and let you know your options for what you can do. Have used this service, and referred others, always with good results. I’d do this if I were in your position, if I couldn’t find a definitive answer from tenants rights articles.
Don’t necessarily believe what you read here – check with a tenants rights orgnaization.
It is quite possible that amenities provided need to be continued to be provided whether or not it is in your lease (which, if so, would give you an stronger argument for reduction of rent, which argument you already have since it was something that was a selling point and you clearly used it; and it might even give you an argument for having him rebuild it, since a deck is what you really want.)
Bummer, though. You definitely need to impress upon him that it was why you rented the place, and that he’s changing the agreement by not rebuilding the deck. I see it as akin to having the roof cave in in one bedroom, and him closing off that room, reducing your sq. footage, rather than fixing the ceiling – while that may not be the case legally, that is the feeling of the case in reality.
If he’s just too broke, ask if you can rebuild it – you can always try to sell the materials to the next tenant. (Though I’d prefer it if he rebuilt if I were you – so he can’t blame your construction for any future leaks.) If he has been told that the presence of the deck on the roof contributed to the leaks, you need to try to get him to understand that there are some deckbuilding methods that are less likely to impair a roof than others – but you may not be able to convince him to rebuild.
It was advertised w/ deck, but I don’t think it would be in the lease. If anything it may just say “outside space,” which we technically still have. I’ll need to check after work. Thanks for the advice guys.
Is there any reason to believe that the water damage was caused by the roof deck? If the landlord thinks the damage was caused by you, that will affect the conversation.
You can express your dismay and ask for a rent reduction (do your homework and find comps), but I would guess the LL is feeling pretty pained about the costs to repair the top unit and remove the deck. When you ask, try to appear sympathetic, even if you don’t really feel that way.
If use of the deck isn’t in the lease you have no rights. If it were advertised w/ deck you could probably go after some kind of satisfaction but it’d cost you.
Essentially if you are in a rent stabilized building you are entitled to a rent reduction, otherwise it is a contractual issue, handled by your lease and if the LL doesnt voluntarily reduce your rent – your probably out of luck.
^ before that, need to answer the obvious question – what’s in the lease?
Ask for a reduction in rent for the loss of an ammenity