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Posted by Landlord Steve on March 30, 2001 at 22:07:57:

In Reply to: leaks, flooding, damage - what to do? posted by a.p. on March 30, 2001 at 14:02:00:

Read your lease ... leases usually cover situations like this.

BTW, your landlady sounds more than responsible, she has taken multiple and expensive steps to fix this problem. Have you thought about how thanking her for the taking the time, expense and inconvenience ? Your lease is up for renewal, do you want to stay where you are or look somewhere else ?

: We have severe leaks in our 1 bedroom brooklyn basement apartment. (no rent regulation, we have a writen lease 'til may 2001, on top of us is a one-family dwelling, built about 1960's I say). our landlord has been willing to do what she can to fix the leaks & floods (have a roofer come in, waterproof the outside, etc) and has meagerly compensated us for "inconvenience". she is now telling us that our one bedroom will have to be evaculated in order to tear down the walls. (we even have water coming through the floor!). my specific questions are: 1) can we withhold rent until this is fixed?; 2) can we pay half rent since we are using half of the apartment; 3) should we obtain or create official documents with her consenting to our non-payment and obligation to fix the leaks and flooding -- and if so, what other sort of documentation should we be keeping? And... of course... if anyone has any other advice, it would be extremely appreciated. How do we protect ourselves in this type of situation, and not be ripped off?

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Comments:
: Read your lease ... leases usually cover situations like this.  

: BTW, your landlady sounds more than responsible, she has taken multiple and expensive steps to fix this problem.  Have you thought about how thanking her for the taking the time, expense and inconvenience ?  Your lease is up for renewal, do you want to stay where you are or look somewhere else ?

: : We have severe leaks in our 1 bedroom brooklyn basement apartment. (no rent regulation, we have a writen lease 'til may 2001, on top of us is a one-family dwelling, built about 1960's I say). our landlord has been willing to do what she can to fix the leaks & floods (have a roofer come in, waterproof the outside, etc) and has meagerly compensated us for "inconvenience". she is now telling us that our one bedroom will have to be evaculated in order to tear down the walls. (we even have water coming through the floor!). my specific questions are: 1) can we withhold rent until this is fixed?; 2) can we pay half rent since we are using half of the apartment; 3) should we obtain or create official documents with her consenting to our non-payment and obligation to fix the leaks and flooding -- and if so, what other sort of documentation should we be keeping? And... of course... if anyone has any other advice, it would be extremely appreciated. How do we protect ourselves in this type of situation, and not be ripped off?


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