Landlord refuses to make repairs unless tenant pays

My landlord is attempting to make me pay ~$5k for a flooring issue. The floors are buckling in one of the bedrooms. We even had to remove a door because it was jammed as parts of the floor are pushing up 3-4 inches. The damage is now bad enough that it is causing some buckling in the living room. It is unsafe in the second room and guests can no longer stay in it when visiting. The landlord is attempting to place the blame on us by stating that it is beyond “normal wear and tear” therefor we are responsible. They have had multiple people visit (flooring company, building super) and none have been able to identify what is causing the buckling (although this type of issue is almost always caused by water).

They are being very hostile and intimidating us by saying it will not be repaired until we agree to pay for it.

Besides filing a housing claim and a civil complaint (our lawyer advised us to do both and we are doing them), are there any other steps that this group would recommend?

jacquelyn.grant

in General Discussion 8 years and 2 months ago

26

Please log in, in order to post replies!

26 replies

Newest Oldest

jacquelyn.grant | 8 years and 2 months ago

string(1) "1"
object(WP_User)#5101 (8) {
  ["data"]=>
  object(stdClass)#4901 (12) {
    ["ID"]=>
    string(6) "205436"
    ["user_login"]=>
    string(15) "jacquelyn.grant"
    ["user_pass"]=>
    string(34) "$P$BSbR.eCX6K.kRPCLkKbGYMkulN6tce."
    ["user_nicename"]=>
    string(25) "jacquelyn-grantcbrnyc-com"
    ["user_email"]=>
    string(26) "jacquelyn.grant@cbrnyc.com"
    ["user_url"]=>
    string(0) ""
    ["user_registered"]=>
    string(19) "2021-09-26 17:32:47"
    ["user_activation_key"]=>
    string(0) ""
    ["user_status"]=>
    string(1) "0"
    ["display_name"]=>
    string(30) "Your First Name Your Last Name"
    ["spam"]=>
    string(1) "0"
    ["deleted"]=>
    string(1) "0"
  }
  ["ID"]=>
  int(205436)
  ["caps"]=>
  array(1) {
    ["subscriber"]=>
    bool(true)
  }
  ["cap_key"]=>
  string(15) "wp_capabilities"
  ["roles"]=>
  array(1) {
    [0]=>
    string(10) "subscriber"
  }
  ["allcaps"]=>
  array(3) {
    ["read"]=>
    bool(true)
    ["level_0"]=>
    bool(true)
    ["subscriber"]=>
    bool(true)
  }
  ["filter"]=>
  NULL
  ["site_id":"WP_User":private]=>
  int(1)
}

I live on the top floor (6th). There is nothing on the walls to indicate that. At this point I would happily move out, but they are unwilling to compromise. I still have ~18 months left on my lease and the monthly rent is substantial enough that they are willing to fight and threaten me. Half of my apartment is basically unsafe and they are abusing their position to try and get me to pay for something that is not my responsibility.

resident2 | 8 years and 2 months ago

string(1) "1"
object(WP_User)#5100 (8) {
  ["data"]=>
  object(stdClass)#5099 (12) {
    ["ID"]=>
    string(6) "181002"
    ["user_login"]=>
    string(9) "resident2"
    ["user_pass"]=>
    string(34) "$P$BYKCrEpDU34.3RJghRPk8/Xp1XpCve/"
    ["user_nicename"]=>
    string(9) "resident2"
    ["user_email"]=>
    string(21) "Jamanda1255@Yahoo.com"
    ["user_url"]=>
    string(0) ""
    ["user_registered"]=>
    string(19) "2017-08-10 14:07:33"
    ["user_activation_key"]=>
    string(0) ""
    ["user_status"]=>
    string(1) "0"
    ["display_name"]=>
    string(9) "resident2"
    ["spam"]=>
    string(1) "0"
    ["deleted"]=>
    string(1) "0"
  }
  ["ID"]=>
  int(181002)
  ["caps"]=>
  array(1) {
    ["bbp_participant"]=>
    bool(true)
  }
  ["cap_key"]=>
  string(15) "wp_capabilities"
  ["roles"]=>
  array(1) {
    [0]=>
    string(15) "bbp_participant"
  }
  ["allcaps"]=>
  array(1) {
    ["bbp_participant"]=>
    bool(true)
  }
  ["filter"]=>
  NULL
  ["site_id":"WP_User":private]=>
  int(1)
}

It would seem that your landlord tenant relationship has completely broken down, so I would suggest that you negotiate a way to move out without defaulting on your lease.
If water was coming in through the wall, it would show on the walls before the floors. If the radiators were leaking it would be more obvious around the radiators and leak through the ceiling below.
You do not mention what floor you are on, but if you are on a ground floor with no cellar or basement below, the floors may buckle due to no damp course, but you would smell that.
The only other thing I could think that may cause this, is that there is a break in the joists below the floor, in which case you should move out as soon as possible. Some cheap flip renovates just shimmy sagging floors, rather than repair the joists and it will keep sagging with the extra weight….

jacquelyn.grant | 8 years and 2 months ago

string(1) "1"
object(WP_User)#4901 (8) {
  ["data"]=>
  object(stdClass)#5095 (12) {
    ["ID"]=>
    string(6) "205436"
    ["user_login"]=>
    string(15) "jacquelyn.grant"
    ["user_pass"]=>
    string(34) "$P$BSbR.eCX6K.kRPCLkKbGYMkulN6tce."
    ["user_nicename"]=>
    string(25) "jacquelyn-grantcbrnyc-com"
    ["user_email"]=>
    string(26) "jacquelyn.grant@cbrnyc.com"
    ["user_url"]=>
    string(0) ""
    ["user_registered"]=>
    string(19) "2021-09-26 17:32:47"
    ["user_activation_key"]=>
    string(0) ""
    ["user_status"]=>
    string(1) "0"
    ["display_name"]=>
    string(30) "Your First Name Your Last Name"
    ["spam"]=>
    string(1) "0"
    ["deleted"]=>
    string(1) "0"
  }
  ["ID"]=>
  int(205436)
  ["caps"]=>
  array(1) {
    ["subscriber"]=>
    bool(true)
  }
  ["cap_key"]=>
  string(15) "wp_capabilities"
  ["roles"]=>
  array(1) {
    [0]=>
    string(10) "subscriber"
  }
  ["allcaps"]=>
  array(3) {
    ["read"]=>
    bool(true)
    ["level_0"]=>
    bool(true)
    ["subscriber"]=>
    bool(true)
  }
  ["filter"]=>
  NULL
  ["site_id":"WP_User":private]=>
  int(1)
}

Correct, we do not know what caused it. Water almost always is the cause of buckling but neither party has been able to find a source (and there was never a large spill, etc.). The building had someone look at the radiator for a long time and test it and they could not determine if it was leaking at some point. The floor company noted that water could be coming in through the outside if there was a brick problem but he also could not determine that. FWIW, the building was renovated 2-3 years ago and its clear that the quality of work was not the best (throughout the entire apartment the seams of the installed hardwood floor do not match up which is a sign of a bad subfloor according to the floor company).

jacquelyn.grant | 8 years and 2 months ago

string(1) "1"
object(WP_User)#5101 (8) {
  ["data"]=>
  object(stdClass)#5102 (12) {
    ["ID"]=>
    string(6) "205436"
    ["user_login"]=>
    string(15) "jacquelyn.grant"
    ["user_pass"]=>
    string(34) "$P$BSbR.eCX6K.kRPCLkKbGYMkulN6tce."
    ["user_nicename"]=>
    string(25) "jacquelyn-grantcbrnyc-com"
    ["user_email"]=>
    string(26) "jacquelyn.grant@cbrnyc.com"
    ["user_url"]=>
    string(0) ""
    ["user_registered"]=>
    string(19) "2021-09-26 17:32:47"
    ["user_activation_key"]=>
    string(0) ""
    ["user_status"]=>
    string(1) "0"
    ["display_name"]=>
    string(30) "Your First Name Your Last Name"
    ["spam"]=>
    string(1) "0"
    ["deleted"]=>
    string(1) "0"
  }
  ["ID"]=>
  int(205436)
  ["caps"]=>
  array(1) {
    ["subscriber"]=>
    bool(true)
  }
  ["cap_key"]=>
  string(15) "wp_capabilities"
  ["roles"]=>
  array(1) {
    [0]=>
    string(10) "subscriber"
  }
  ["allcaps"]=>
  array(3) {
    ["read"]=>
    bool(true)
    ["level_0"]=>
    bool(true)
    ["subscriber"]=>
    bool(true)
  }
  ["filter"]=>
  NULL
  ["site_id":"WP_User":private]=>
  int(1)
}

Correct, we do not know what caused it. Water almost always is the cause of buckling but neither party has been able to find a source (and there was never a large spill, etc.). The building had someone look at the radiator for a long time and test it and they could not determine if it was leaking at some point. The floor company noted that water could be coming in through the outside if there was a brick problem but he also could not determine that. FWIW, the building was renovated 2-3 years ago and its clear that the quality of work was not the best (throughout the entire apartment the seams of the installed hardwood floor do not match up which is a sign of a bad subfloor according to the floor company).

jacquelyn.grant | 8 years and 2 months ago

string(1) "1"
object(WP_User)#5095 (8) {
  ["data"]=>
  object(stdClass)#5100 (12) {
    ["ID"]=>
    string(6) "205436"
    ["user_login"]=>
    string(15) "jacquelyn.grant"
    ["user_pass"]=>
    string(34) "$P$BSbR.eCX6K.kRPCLkKbGYMkulN6tce."
    ["user_nicename"]=>
    string(25) "jacquelyn-grantcbrnyc-com"
    ["user_email"]=>
    string(26) "jacquelyn.grant@cbrnyc.com"
    ["user_url"]=>
    string(0) ""
    ["user_registered"]=>
    string(19) "2021-09-26 17:32:47"
    ["user_activation_key"]=>
    string(0) ""
    ["user_status"]=>
    string(1) "0"
    ["display_name"]=>
    string(30) "Your First Name Your Last Name"
    ["spam"]=>
    string(1) "0"
    ["deleted"]=>
    string(1) "0"
  }
  ["ID"]=>
  int(205436)
  ["caps"]=>
  array(1) {
    ["subscriber"]=>
    bool(true)
  }
  ["cap_key"]=>
  string(15) "wp_capabilities"
  ["roles"]=>
  array(1) {
    [0]=>
    string(10) "subscriber"
  }
  ["allcaps"]=>
  array(3) {
    ["read"]=>
    bool(true)
    ["level_0"]=>
    bool(true)
    ["subscriber"]=>
    bool(true)
  }
  ["filter"]=>
  NULL
  ["site_id":"WP_User":private]=>
  int(1)
}

Correct, we do not know what caused it. Water almost always is the cause of buckling but neither party has been able to find a source (and there was never a large spill, etc.). The building had someone look at the radiator for a long time and test it and they could not determine if it was leaking at some point. The floor company noted that water could be coming in through the outside if there was a brick problem but he also could not determine that. FWIW, the building was renovated 2-3 years ago and its clear that the quality of work was not the best (throughout the entire apartment the seams of the installed hardwood floor do not match up which is a sign of a bad subfloor according to the floor company).

yudashasom | 8 years and 2 months ago

string(1) "1"
object(WP_User)#5102 (8) {
  ["data"]=>
  object(stdClass)#4901 (12) {
    ["ID"]=>
    string(6) "194528"
    ["user_login"]=>
    string(10) "yudashasom"
    ["user_pass"]=>
    string(34) "$P$BKrcOOJj2qysH3kdOE3mMqxeyqPZ1m0"
    ["user_nicename"]=>
    string(10) "yudashasom"
    ["user_email"]=>
    string(20) "yudashasom@gmail.com"
    ["user_url"]=>
    string(0) ""
    ["user_registered"]=>
    string(19) "2017-08-10 14:07:32"
    ["user_activation_key"]=>
    string(0) ""
    ["user_status"]=>
    string(1) "0"
    ["display_name"]=>
    string(29) "Dasha Sominski Dasha Sominski"
    ["spam"]=>
    string(1) "0"
    ["deleted"]=>
    string(1) "0"
  }
  ["ID"]=>
  int(194528)
  ["caps"]=>
  array(1) {
    ["subscriber"]=>
    bool(true)
  }
  ["cap_key"]=>
  string(15) "wp_capabilities"
  ["roles"]=>
  array(1) {
    [0]=>
    string(10) "subscriber"
  }
  ["allcaps"]=>
  array(3) {
    ["read"]=>
    bool(true)
    ["level_0"]=>
    bool(true)
    ["subscriber"]=>
    bool(true)
  }
  ["filter"]=>
  NULL
  ["site_id":"WP_User":private]=>
  int(1)
}

are you saying you don’t know what caused the floors to buckle?