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Posted by Pete on February 10, 2000 at 23:29:57:

In Reply to: Damages to property due to flood in basement posted by Karen Rose on February 07, 2000 at 13:55:47:

: I live in a building with 6 apartments in Greenpoint, Brooklyn. My apartment, which I share with a roommate, is the right half of the first floor AND basement. My bedroom is in the basement. Last month the basment was flooded due to the hot water heater bursting. Books, clothes, my computer printer, my box spring, were all damaged. Four weeks later, it happened AGAIN. More stuff ruined. The landlord did not return calls until we withheld rent. He then sent a letter and left a phone message that our "credit would be ruined" and they would be disinclined to offer a lease renewal if we withheld any rent for the damages, and that our lease " exempts them from any responsbilbility for these types of damages.". I sent a letter detailing the damages, which came to $975, along with the remainder of the rent; I also said that we do not see in our lease where it exempts the owner from responsibility. We have a standard Blumberg lease. This week we received a three-day notice.

: What do we do? Please help!

If you want to stay out of housing court, which I think is the best solution because it is so anti-tenant these days, pay the $975 then sue your landlord in small claims court for the damages. Either way: be prepared with photographs, receipts, bills, witnesses, to prove your damages. He is responsible, he's supposed to inspect and repair equipment like that. It happenned twice: this should make it easier for you to win than for most tenants. It would help you to read about tenants winning damages in court: start with the housing court decisions on tenant.net. While you're there, read about the court process. Read some of the Nolo pages too.

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: : I live in a building with 6 apartments in Greenpoint, Brooklyn. My apartment, which I share with a roommate,  is the right half of the first floor AND basement. My bedroom is in the basement. Last month the basment was flooded due to the hot water heater bursting. Books, clothes, my computer printer,  my box spring, were all damaged. Four weeks later, it happened AGAIN. More stuff ruined. The landlord did not return calls until we  withheld rent. He then sent a letter and left a phone message that our "credit would be ruined" and they would be disinclined to offer a lease renewal if we withheld any rent for the damages, and that our lease " exempts them from any responsbilbility for these types of damages.". I sent a letter detailing the damages, which came to $975, along with the remainder of the rent; I also said that we do not see in our lease where it exempts the owner from responsibility. We have a standard Blumberg lease. This week we received a three-day notice. 

: : What do we do? Please help!

: If you want to stay out of housing court, which I think is the best solution because it is so anti-tenant these days, pay the $975 then sue your landlord in  small claims court for the damages.  Either way: be prepared with photographs, receipts, bills, witnesses, to prove your damages.  He is responsible, he's supposed to inspect and repair equipment like that.  It happenned twice: this should make it easier for you to win than for most tenants.  It would help you to read about tenants winning damages in court: start with the housing court decisions on tenant.net.  While you're there, read about the court process.  Read some of the Nolo pages too.


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