Leak and Rent

And another thing about the leak, we should definitely be getting a break on the rent for this shit. Right?

How much should we ask for back? Like 15% of the rent? If it takes awhile to fix it all and we're out one bedroom of a two bedroom apartment, probably more than that. Ugh.

Comments

[Frank]

The landlord must have insurance for this kind of contingency. I'd ask him directly about being displaced and what sort of arrangements he's making for you...I'd guess his insurance would pay for a hotel for displaced tenants. Don't assume anything until he gives you that commitment...but it's time to press him once the prob starts to get fixed. What a mess.

[addie]

what a nightmare! i hope he gives you something for your trouble. sounds like you've been more than understanding!

[John Featherman]

Al,

My day job is a Realtor with Prudential Fox & Roach, and I encounter this issue a lot in the rental business.

There are two issues, and the money issue is not the critical issue, in my opinion.

The most important issue is a HEALTH issue. If that leak doesn't get repaired and remediated immediately, you could get mold. Mold often contains mycotoxins, which can lead to flu-like symptoms, respiratory problems, headaches, allegies, and even asthma, among the lesser known threats. If I were a tenant and that leak started, I would work with the landlord (which you obviously are), but I would demand that they take steps to remediate any possible mold. It may be dangerous for you to live there.

As for less rent, I would *not* withhold any rent without the landlord's written permission. Instead, I would open a bank account, and put the, say 15%, portion of your rent in escrow (and provide photocopies of the receipts to the landlord) while you pay the 85% to the landlord.

Hope that helps.

John Featherman
Republican Candidate, US Senate-PA
www.featherman.com

[anonymous city girl]

I work in the management office of an apartment building.

Basically, shit breaks sometimes.
Seems your landlord fixed it in a timely (maybe not as quick as you like, but still timely) manner.
If it went months and you were informing him repeatedly (by phone, email, fax, mail, certified mail) and he did nothing to fix it, then you would have the right to withold rent.
If you are going to take something to that extent you need your ducks in a row.
1. Proof that you have repeatedly informed the landlord of the problem.
2. That more than a reasonable amount of time has gone by.
3. That the landlord is not actively trying to solve a problem... especially in old brownstones, it may take longer to fix a problem cause it's harder to find the source... but it doesn't mean they are not actively working on it.
4. You set up an escrow account at local bank that you pay your rent to on time and in full. The people at the bank will know excatly how to word the account title. You then send a copy of the statement of the deposit and any following deposits of rent to the landlord. If he tries to evict you, this is your proof that you are not just trying to beat the rent.

[albert]

I'm not saying we'd withold rent, I'd want to get it straight up front, a rent break.

[anonymous city girl]

It sounds like something broke, you called the landlord, he came out right away to check it out... and then got it fixed.
Did it damage anything?
Did you have to replace anything?
Besides some minimal inconvienance and something that looks yucky (that you said he is going to repaint), you are not out any money.
Like I said, stuff breaks, landlords fix it, if it didn't cost you the loss of any money, why should you get a break in rent?
If it cause you to have legit expenses, then submit a copy of those receipts and ask your landlord if you can take those expenses directly related to the leak off your next month's rent.
If you are concerned about your health, that is an entire different issue. You're health isn't worth just 15% of your rent right. He stated that it is healthy and there is no mold. If you have issue with his assesment, you can call L&I to come inspect the house... but keep in mind you have to eat any expenses that cost you, if it turns out he is in fact correct. If he is wrong, you could then press the issue to find out if he had someone certified make that claim it's safe. Then it would become a legal issue.
But if he did everything he should as a landlord (which it sounds like) and it didn't cause you any out of pocket expenses, no you are not entitled to a rent break.