apartment water damage

[shest]

What is the name of your state (only U.S. law)? New York

I live in a first floor New York City apartment which is slightly below ground level. When moving in, my boyfriend and I asked if there had ever been flooding. The Landlord's response was that he had owned the building for ten years and it had never flooded. Working off this we took the apartment, and within the first month, our kitchen and bedroom flooded with around an inch of water. The super said he would be right over, and didn't show up until the next morning to 'fix' the problem.

One month later, our apartment has flooded again,damaging personal property as we were not home at the time. once again, no one showed up to answer our calls until the next day. When we pressed for the super to show up that night, we were told no.

What rights do we have here? Would this be considered negligence?

Thank you for any advice.

 

[Baranov]

Is it being flooded by rain or from the upstairs neighbor?

What did you want the super to do?

You can make a claim on your renters insurance for your property loss.

 

[Banned_Princess]

Renters insurance does not cover flood loss, which this appears to be.

Depending on where the water came from...

Maybe op will get alittle more specific

 

[Baranov]

Renters insurance does not cover flood loss, which this appears to be.

Unless you specifically add it.

That's nice to know, but it would be up to the renter to ask for and the coverage, or the insurer to bring to the attention of the tenant seeking insurance..

 

[Banned_Princess]

I have revised the statement to read...

Renters insurance does not cover flood damage, and depending on where specifically the water came from, it may be flood damage to her property, therefore not covered by renters policy.

 

[BL]

apartment which is slightly below ground level

Well being slightly below ground level and asking about flooding , I take a guess at ground water from rain/snow.

I don't know how these landlords manage to keep renting these below ground level units that get flooded , but apparently they do .

Maybe it was just a code inspector on the take in an Apt. building I lived in where basement Apts. flooded all the time .( thankfully I lived on the first floor ) .

You should always send a follow up of the phone request with a letter of request for repair sent RRR Certified letter ,each and every time maintenance issues occur - keep copies and the return receipt for your records .

If it's the LL's negligence it repairing , or remedying the issue , then you may have recourse .

Are there other units you can request transfer to above ground level ?

 

[Baranov]

It is not uncommon for some basement apartments to flood during unusually heavy rainfall. I have several apartments that have flooded in the past. The key is to seal every year around the apartment whether is needs it or not. Water will always find a way to lower ground and a landlord cannot with certainty eliminate the possibility of a flood.

 

[BL]

It is not uncommon for some basement apartments to flood during unusually heavy rainfall. I have several apartments that have flooded in the past. The key is to seal every year around the apartment whether is needs it or not. Water will always find a way to lower ground and a landlord cannot with certainty eliminate the possibility of a flood.

During these periods of heavy rain fall , tenants should not have to live in even 1/2 an inch of water on the floors .

Some LL's just don't care about anything but money and hold these tenants to their lease ,even sickly and disabled ones .

Should be code laws against it , IMO.

Tenants are entitled to a habitable and healthy APT.

Here you have a LL I bet knew of prior flooding conditions and kept them to him/herself.

Just to note : Under HUD they'd require the LL to fix the leak before being paid .

 

[Baranov]

I agree,a tenant should not have to live in 1/2 inch of water, but do you really know that the landlord was aware that a flood would occur or is your anti landlord bias showing?

You can conjecture or "bet" about the LL, but you really don't have any facts to back up your claims. I have lived in towns where apartments have never flooded except for that one time. Bottom line is "stuff" happens.

 

[Banned_Princess]

I agree with BL. this LL totally knew it flodded.

In NYC it is never, "just that one time"

It has already happend 2x in 2 months, and we have had no unusual rain recently.

 

[Baranov]

I agree with BL. this LL totally knew it flodded.

Of course, there in no possibility that the first rain caused enough damage under the property to facilitate further drainage damage from a second rain storm.

 

[BL]

I agree,a tenant should not have to live in 1/2 inch of water, but do you really know that the landlord was aware that a flood would occur or is your anti landlord bias showing?

You can conjecture or "bet" about the LL, but you really don't have any facts to back up your claims. I have lived in towns where apartments have never flooded except for that one time. Bottom line is "stuff" happens.

Sure you have ...I bet you'd State that to a Judge too.

It is not uncommon for some basement apartments to flood during unusually heavy rainfall. I have several apartments that have flooded in the past.

I bet ....

Also, if you read my post on the LL/tenant forum you will see ( even though I'm a renter ) , I reply to both sides from what the posters state .

Another LL that likes to argue here ?

 

[BL]

Of course, there in no possibility that the first rain caused enough damage under the property to facilitate further drainage damage from a second rain storm.

Seepage just does not happen over night .

 

[Baranov]

Seepage just does not happen over night .

I know, depending on the rainfall it may take minutes.

 

[Baranov]

Sure you have ...I bet you'd State that to a Judge too.

I bet ....
Also, if you read my post on the LL/tenant forum you will see ( even though I'm a renter ) , I reply to both sides from what the posters state .
Another LL that likes to argue here ?

You guys crack me up. You cloak yourselves in anonymity, claim impartiality yet get “giddy” and relish in the prospect of a LL losing his livelihood to a tenant, or making a mistake that may prove costly. You make comments like landlords don’t care about anything but the money and take advantage of little old ladies and the disabled.

My advice is not to pretend you are something that you are not. Your agenda is transparent and it doesn’t take long for a newcomer to take notice. Me, I know my tenants and know that though they pretend to like me, it’s just a cover and given the chance they wouldn’t give a second thought to screwing me one way or the other.
Every landlord given a few years in the field knows that. We accept it as part of the business, so as you can see there is no need to hide it. Heck! In every revolution the landlords are the first to go.