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Posted by Mariel on June 25, 1997 at 18:56:40:

In Reply to: Apartment falling apart - no one will fix it. . . posted by dumpy apartment dweller on June 24, 1997 at 14:43:18:

: We live in a rent-stabilized apartment that is in rotten shape. The worst
: room is the bathroom - when it was put in, the shower head was put on the
: side wall of the tub (vs. on the end like most tubs) and the water hits
: the sliding doors on the front of the bathtub. From years of this, it now
: leaks and the front corners of the tub are literally rotting away and the
: tile is coming up off the floor. Rather than replacing any part of this
: system, our superintendent is skirting the issue and trying to come up with
: cheap ways to fix the problem. He caulked the tub - that didn't work. He
: moved the shower head, that also didn't work. Now he added a shower curtain
: and it still leaks, quite badly. My questions are three-fold: 1. He expects
: us to pay him for the shower curtain and misc. items - are we actually
: expected to pay him for this? I know the sum is paltry but we are not
: responsible for how the bathtub was designed. 2. Do we have any legal
: recourse in getting this problem resolved? We really need a new tub and
: we know that the management company will not fix the problem. And, 3. If
: there is water damage to the ceiling of the apartment below, are we liable??
The building owner is responsible for the repair. You should not have to pay for the shower curtain and if there is water damage to the apt. below because of the tub not being repaired properly, it is the owner's responsibility. Good thing you have a rent-stabilized lease - this is the kind of problem that will often not get taken care of at all in apts. without rent-stab and the owners wouldn't want to renew your lease if you complained too much (which they can't do under rent stabilization).

Follow Ups:

• Re: Apartment falling apart - no one will fix it. . . my bathroom was a biosphere! 7/16/97 (0)

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Comments:
: : We live in a rent-stabilized apartment that is in rotten shape.  The worst
: : room is the bathroom - when it was put in, the shower head was put on the
: : side wall of the tub (vs. on the end like most tubs) and the water hits
: : the sliding doors on the front of the bathtub.  From years of this, it now
: : leaks and the front corners of the tub are literally rotting away and the
: : tile is coming up off the floor.  Rather than replacing any part of this
: : system, our superintendent is skirting the issue and trying to come up with
: : cheap ways to fix the problem.  He caulked the tub - that didn't work.  He
: : moved the shower head, that also didn't work.  Now he added a shower curtain
: : and it still leaks, quite badly.  My questions are three-fold: 1. He expects
: : us to pay him for the shower curtain and misc. items - are we actually
: : expected to pay him for this?  I know the sum is paltry but we are not
: : responsible for how the bathtub was designed.  2. Do we have any legal
: : recourse in getting this problem resolved?  We really need a new tub and
: : we know that the management company will not fix the problem.  And, 3. If
: : there is water damage to the ceiling of the apartment below, are we liable??
: The building owner is responsible for the repair.  You should not have to pay for the shower curtain and if there is water damage to the apt. below because of the tub not being repaired properly, it is the owner's responsibility.  Good thing you have a rent-stabilized lease - this is the kind of problem that will often not get taken care of at all in apts. without rent-stab and the owners wouldn't want to renew your lease if you complained too much (which they can't do under rent stabilization).


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