Broken Window

[Misi]

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

My rent controlled tenant has broken one of the windows to her apartment. These are expensive double paned windows I installed about ten years ago. I suspect it was her out of control grandson. However, these windows don't just break. She claims it was the "wind." She has now called the the Department of Housing and Development and they have issued a Class B violation saying it must be corrected at my expense. I called them and they said that as the landlord it is my responsibility and my only option is housing court. Anyone have any suggestions? If I actually paid a lawyer, what would be my chances of winning? What about the cost?

Thanks in advance.
Frustrated Landlord.

 

[Alaska landlord]

Fix it then bill her. If she doesn't pay then follow up with housing court.

 

[BL]

Although it should be up to the tenant to repair if they broke it , it's still a code violation and should be repaired .

In the meantime try to get some kind of documentation from the manufacture of what it would take by the wind to break such a window .

Then deduct the cost from the SD when they move out .( keep receipts ).

If they sue , you will have proof in documentation .

 

[Misi]

Security Deposit

There ain't no security deposit. We're talking rent control here - no lease no security deposit, just a City granted right to live in my building and pay only $247 a month for an apartment I could easily rent for 3 grand. Plus they're driving me crazy. Any housing lawyers out there who know how much it would cost to recover the cost of the window and the chances of this? They are both about 60 years old and not in the best of health so they'll be sympathetic to the judge. thx.

 

[Zigner]

What makes you think they'll be able to pay even if you win some sort of judgment?

 

[Alaska landlord]

Did you ever look into buying out the rest of your tenants and then using the ****** Act to evict her?

website will not allow me to print the name of the act.

 

[KimInNY]

There ain't no security deposit. We're talking rent control here - no lease no security deposit, just a City granted right to live in my building and pay only $247 a month for an apartment I could easily rent for 3 grand. Plus they're driving me crazy. Any housing lawyers out there who know how much it would cost to recover the cost of the window and the chances of this? They are both about 60 years old and not in the best of health so they'll be sympathetic to the judge. thx.

how can I get the city to grant me a appartment in NYC for 250 a month?

 

[acmb05]

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

My rent controlled tenant has broken one of the windows to her apartment. These are expensive double paned windows I installed about ten years ago. I suspect it was her out of control grandson. However, these windows don't just break. She claims it was the "wind." She has now called the the Department of Housing and Development and they have issued a Class B violation saying it must be corrected at my expense. I called them and they said that as the landlord it is my responsibility and my only option is housing court. Anyone have any suggestions? If I actually paid a lawyer, what would be my chances of winning? What about the cost?

Thanks in advance.
Frustrated Landlord.

Unless you have proof the tenant broke it you are going to have a hard time getting them to pay for it.

Just so you know double pane windows can break if there is a leak in the seal around it. During extremely hot or cold days the pressure can build up between the two panes of glass which can cause it to break. I have seen them literally explode inside of an apartment before, it threw glass all the way across the room. 10 Year old windows would be more inclined to do it than new windows but it does happen.

 

[You Are Guilty]

While it is your responsibility to fix the window, it's not your responsibility to pay for it if it was broken due to an act of the tenants (rent controlled or not).

L/T Court is actually relatively easy to navigate without a lawyer, and no court gets quicker results. Fix the window, collect your documentation as proof, and read up:
http://www.courts.state.ny.us/courts/nyc/housing/index.shtml
http://www.courts.state.ny.us/courts/nyc/housing/represent.shtml

 

[Misi]

Housing Court

I've actually already been in housing court with this tenant and watched the judge tell her to "shut up" after she started screaming at him. The problem is that I'm moving out of the country so I can't do it myself. Is it worth it to hire a lawyer? I'd be willing to pay a lawyer if my chances were good and it wouldn't cost me more than 1 grand after the judgment against her were deducted against his fees. I just don't know how much it will cost or the chances of victory. I don't care too much whether she pays, I want victory to make her worried in the future. thx.

 

[You Are Guilty]

Unfortunately, there's no way to know how much a lawyer might charge without asking them first

You can try clicking the "Click here to find an attorney" box on the upper right of this page and seeing what turns up.