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Posted by DK on January 05, 2001 at 20:22:36:

In Reply to: Rent re-imbursement question posted by John on January 03, 2001 at 17:21:03:

The warranty of habitability requires the landlord to provide you with habitable living quarters. A backed up toilet is a breach by the landlord. In effect, you are seeking credit for "repair and deduct" where the tenant makes the repairs after the landlord fails to do so.

To make a successful repair and deduct claim you need to show:
(1) that the landlord failed to make a necessary repair;
(2) that you gave the landlord reasonable notice and a reasonable opportunity to make the repair; and
(3) the expenses you are seeking to recover are reasonable.

You surely meet point one; as to points 2 and 3, it's up to the judge to determine what was reasonable under the circumstances.

If the landlord won't pay you voluntarily sue in small claims court.

: I live in Nassau county in a complex w/ 52 units.
: On a saturday evening, I experienced plumbing problems. Toilet backed up.

: I tried to call the super, who lives on site, and left him 3 messages. Due to the nature of the problem, 2 hours later I had to call a plumber and I paid for this out of my pocket.

: When I spoke w/ building manager, she informed me that this was NOT re-imburseable.

: Is there a piece of law that backs up my claim to get re-imbursed.

: Thanks for any advice you can give

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Comments:
: The warranty of habitability requires the landlord to provide you with habitable living quarters. A backed up toilet is a breach by the landlord. In effect, you are seeking credit for "repair and deduct" where the tenant makes the repairs after the landlord fails to do so.

: To make a successful repair and deduct claim you need to show:
: (1) that the landlord failed to make a necessary repair;
: (2) that you gave the landlord reasonable notice and a reasonable opportunity to make the repair; and
: (3) the expenses you are seeking to recover are reasonable.

: You surely meet point one; as to points 2 and 3, it's up to the judge to determine what was reasonable under the circumstances. 

: If the landlord won't pay you voluntarily sue in small claims court.

: : I live in Nassau county in a complex w/ 52 units.
: : On a saturday evening, I experienced plumbing problems.  Toilet backed up.   

: : I tried to call the super, who lives on site, and left him 3 messages.  Due to the nature of the problem, 2 hours later I had to call a plumber and I paid for this out of my pocket.

: : When I spoke w/ building manager, she informed me that this was NOT re-imburseable.

: : Is there a piece of law that backs up my claim to get re-imbursed.

: : Thanks for any advice you can give


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