neglectful landlord

[madtenant920]

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

I was renting an apartment in a private house for 3 years. I think the apartment may be illegal, but I am not sure. The landlord required me to pay in cash, so I assume they were not declaring the rent as income.

As far as I know, they have broken several laws, and I want to know if I should try to sue them. For example:

1. The temperature in the apartment was often below 55 F in the winter. On cold days, it was usually in the 40s. I told them, but they ignored me. I believe there is a law where I live that the temperature must be above 55 at night and above 68 during the day.

2. They put a timer on the water heater so hot water was only available early in the morning and in the evening. On days when I was not at work (weekends, holidays, etc.) there was no hot water during the day.

3. The apartment had water damage from plumbing leaks, which caused the carpet to be wet, but they would not replace the carpet.

4. When there were snow storms in the winter, they sometimes had the driveway shoveled and sometimes did not. My lease said I would have an off street parking place, but there were times when the driveway was inaccessible.

I would like to sue them for health consequences of living in an apartment that had water damage and was extremely cold in the winter.

Does it seem like I would have a reasonable case?

 

[Silverplum]

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

I was renting an apartment in a private house for 3 years. I think the apartment may be illegal, but I am not sure. The landlord required me to pay in cash, so I assume they were not declaring the rent as income.

As far as I know, they have broken several laws, and I want to know if I should try to sue them. For example:

1. The temperature in the apartment was often below 55 F in the winter. On cold days, it was usually in the 40s. I told them, but they ignored me. I believe there is a law where I live that the temperature must be above 55 at night and above 68 during the day.

2. They put a timer on the water heater so hot water was only available early in the morning and in the evening. On days when I was not at work (weekends, holidays, etc.) there was no hot water during the day.

3. The apartment had water damage from plumbing leaks, which caused the carpet to be wet, but they would not replace the carpet.

4. When there were snow storms in the winter, they sometimes had the driveway shoveled and sometimes did not. My lease said I would have an off street parking place, but there were times when the driveway was inaccessible.

I would like to sue them for health consequences of living in an apartment that had water damage and was extremely cold in the winter.

Does it seem like I would have a reasonable case?

Not to me. But...

When was this? Did you address your concerns in writing? Do you have any proof?

 

[madtenant920]

Not to me. But...

When was this? Did you address your concerns in writing? Do you have any proof?

The location is in NY state. The laws here specify minimum requiired temperature, and 24 hour hot water. Also, it should not be a health hazard, and I think a wet carpet and water damage is a health hazard.

I did not address concerns in writing. I was expecting them to be fair and not neglectful, but it didn't turn out that way. I don't know if I have proof of everything they did wrong. Maybe some of it.

 

[Silverplum]

The location is in NY state. The laws here specify minimum requiired temperature, and 24 hour hot water. Also, it should not be a health hazard, and I think a wet carpet and water damage is a health hazard.

I did not address concerns in writing. I was expecting them to be fair and not neglectful, but it didn't turn out that way. I don't know if I have proof of everything they did wrong. Maybe some of it.

When did this occur?

 

[madtenant920]

When did this occur?

I am in the midst of moving out of the apartment right now. I did not pay for this month, because they owe me a month's rent for my security. I will be out of there in the middle of August.

 

[Gail in Georgia]

You may sue for whatever you wish but you have a couple of problems here...

1. Many of your complaints involve issues during cold weather in winter. It is now August. A court is going to likely ask you why you are bringing this up now and especially when you are moving out.

2. You would need to provide evidence to the court that you have notified your landlord in writing of these repair issues and given them a reasonable amount of time to address these. If you don't have any proof that you made the effort to contact the landlord in writing, how are you going to show the court that the landlord did not address the repair problems in a timely manner?

3. Even if you believe a wet carpet is a health hazard, how has this been a health hazard to you? Since you continued to live there for three years and have no written proof of contacting a landlord regarding this issue, a court may likely feel that even you must not have felt this to be a big health problem.

What, exactly, do you hope to accomplish by suing? The landlord may have broken some laws in terms of not providing adequate heat in the winter but when you sue, this is a civil, not criminal matter.

And for three years you agreed to pay the rent in cash. Again, you have no knowledge that the landlord has not been reporting this rent as income. Don't go that route in terms of claiming this or you might find yourself on the end of a lawsuit instead.

Gail

 

[madtenant920]

You may sue for whatever you wish but you have a couple of problems here...

1. Many of your complaints involve issues during cold weather in winter. It is now August. A court is going to likely ask you why you are bringing this up now and especially when you are moving out.

2. You would need to provide evidence to the court that you have notified your landlord in writing of these repair issues and given them a reasonable amount of time to address these. If you don't have any proof that you made the effort to contact the landlord in writing, how are you going to show the court that the landlord did not address the repair problems in a timely manner?

3. Even if you believe a wet carpet is a health hazard, how has this been a health hazard to you? Since you continued to live there for three years and have no written proof of contacting a landlord regarding this issue, a court may likely feel that even you must not have felt this to be a big health problem.

What, exactly, do you hope to accomplish by suing? The landlord may have broken some laws in terms of not providing adequate heat in the winter but when you sue, this is a civil, not criminal matter.

And for three years you agreed to pay the rent in cash. Again, you have no knowledge that the landlord has not been reporting this rent as income. Don't go that route in terms of claiming this or you might find yourself on the end of a lawsuit instead.

Gail

There were no problems the first two years. I started having serious health problems one year ago. I notified the LL but not in writing. I only noticed the plumbing leak and the wet carpet 2 weeks ago, and immediately started finding another apartment.

The leak and the wet carpet were in a closet, not normally visible. It was the water heater, which was 20 years old. I didn't know that at the time.

I know the LL is not paying income tax on my rent, because that is the only likely reason for required cash.

I don't have to sue them, just thought it would be fair to pay for the misery I have experienced for a year. It was terribly cold last winter, and I only recently found out it is illegal to let an apartment get so cold.

I had the heat turned up all the way, but the place is so old and decrepit and drafty, the heat would not stay in. LL is very elderly and not capable of paying attention to maintenance problems, I guess.

But some of it would be hard to prove. I can prove they put a timer on the water heater though. I removed it, but I could put it back.

The water heater was 20 years old, so of course it used excesive electricity, since it was leaking and probably not well insulated. LL blamed me for high electric bills. I told them it was probably the water heater (I had not yet discovered the leak) but they ignored me, kept blaming me.

I use very little electricity. I don't like to complain and I don't care if the temperature is low. But 45 degrees F is ridiculous.

And living in a wtaer damaged place can be very bad for heatlh.

 

[Silverplum]

There were no problems the first two years. I started having serious health problems one year ago. I notified the LL but not in writing. I only noticed the plumbing leak and the wet carpet 2 weeks ago, and immediately started finding another apartment.

The leak and the wet carpet were in a closet, not normally visible. It was the water heater, which was 20 years old. I didn't know that at the time.

I know the LL is not paying income tax on my rent, because that is the only likely reason for required cash.

I don't have to sue them, just thought it would be fair to pay for the misery I have experienced for a year. It was terribly cold last winter, and I only recently found out it is illegal to let an apartment get so cold.

I had the heat turned up all the way, but the place is so old and decrepit and drafty, the heat would not stay in. LL is very elderly and not capable of paying attention to maintenance problems, I guess.

But some of it would be hard to prove. I can prove they put a timer on the water heater though. I removed it, but I could put it back.

The water heater was 20 years old, so of course it used excesive electricity, since it was leaking and probably not well insulated. LL blamed me for high electric bills. I told them it was probably the water heater (I had not yet discovered the leak) but they ignored me, kept blaming me.

I use very little electricity. I don't like to complain and I don't care if the temperature is low. But 45 degrees F is ridiculous.

And living in a wtaer damaged place can be very bad for heatlh.

Because you have no proof, I don't think you have a case. But I am not an attorney! DO take your concerns to a local attorney, if you wish.

 

[Just Blue]

There were no problems the first two years. I started having serious health problems one year ago. I notified the LL but not in writing. I only noticed the plumbing leak and the wet carpet 2 weeks ago, and immediately started finding another apartment.

The leak and the wet carpet were in a closet, not normally visible. It was the water heater, which was 20 years old. I didn't know that at the time.

I know the LL is not paying income tax on my rent, because that is the only likely reason for required cash.

I don't have to sue them, just thought it would be fair to pay for the misery I have experienced for a year. It was terribly cold last winter, and I only recently found out it is illegal to let an apartment get so cold.

I had the heat turned up all the way, but the place is so old and decrepit and drafty, the heat would not stay in. LL is very elderly and not capable of paying attention to maintenance problems, I guess.

But some of it would be hard to prove. I can prove they put a timer on the water heater though. I removed it, but I could put it back.

The water heater was 20 years old, so of course it used excesive electricity, since it was leaking and probably not well insulated. LL blamed me for high electric bills. I told them it was probably the water heater (I had not yet discovered the leak) but they ignored me, kept blaming me.

I use very little electricity. I don't like to complain and I don't care if the temperature is low. But 45 degrees F is ridiculous.

And living in a wtaer damaged place can be very bad for heatlh.

Any person with half a brain would contact the city/state regarding a landlord that kept the home in frigid temps. So good luck with your suit.

 

[STEPHAN]

I don't think you have a case at all.

Move on.

And next time handle issues when they are there, not later.

 

[madtenant920]

I don't think you have a case at all.

Move on.

And next time handle issues when they are there, not later.

I could tolerate the cold, and that is not my reason for moving. I only mention it because I now know that it was illegal.

When I found the water heater leak, I thought it might explain the terrible allergy I had for a year. Not just me, but a friend who spent time in my apartment had similar symptoms. That is what finally motivated me to get out as soon as I could find another place. Before that, I wasn't sure if something in the apartment was actually the cause.

I mentioned the water heater timer, because I think that is also illegal. I might be able to prove that.

If there is water damage under the carpet, maybe I could prove that also. I don't know if it is illegal for LL to refuse to replace a carpet that may have been wet for a very long time.

I would like to sue them for a year's rent, or at least for the months when the temperature was below the legal limit.

 

[Zigner]

I would like to sue them for a year's rent, or at least for the months when the temperature was below the legal limit.

Oh, is that all?

 

[STEPHAN]

You have no idea how this works.

You have to send them a letter via certified mail. Now the have time to fix it. If they do not fix it, you can ask for rent, do the repairs or whatever.

If you have never sent a letter ... out of luck.

 

[madtenant920]

You have no idea how this works.

You have to send them a letter via certified mail. Now the have time to fix it. If they do not fix it, you can ask for rent, do the repairs or whatever.

If you have never sent a letter ... out of luck.

The reason I came to this forum was because I don't know how this works. So why are you surprised?

 

[Just Blue]

The reason I came to this forum was because I don't know how this works. So why are you surprised?

We are not surprised at all. You should hire an attorney to assist you.