Landlord wants money for damages

Stifko

Diamond Member
Dec 8, 1999
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There was a big storm in NYC around Sept 8th. It blew from the NorEast pretty badly and rain came down in buckets. I think it was the remnants of Francis. Anyway there was a lot of water damage on the apartments below me, going all the way down to the first floor apt. I am on the forth floor. The landlord is claiming that my Northern-facing window was open and all the water got into the building from there. he says I am responsible for $1500.00 in damages and sent me a threatening letter and bills from repairmen. One of the bills is for repairs to an apartment that is not even below me, but on the other side of the building.

What do you think about this ? Was a negligent in leaving my window open if I did ?
How can he prove that my window was open if it was ?

thanks
 

KLin

Lifer
Feb 29, 2000
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wouldn't your apartment be damaged too if you left a window open?
 

Stifko

Diamond Member
Dec 8, 1999
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Originally posted by: Viper GTS
First tell us:

Was your window open?

Viper GTS

uhhhh, why do you ask me that ? It could've been, I dunno 4sure. There is some water damage in my room there by the window, but the roof used to leak like a sif.
 

pyonir

Lifer
Dec 18, 2001
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321
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Originally posted by: Stifko
Originally posted by: Viper GTS
First tell us:

Was your window open?

Viper GTS

uhhhh, why do you ask me that ? It could've been, I dunno 4sure. There is some water damage in my room there by the window, but the roof used to leak like a sif.

It's sieve, and if you left the window open, it is your fault.
 

Spencer278

Diamond Member
Oct 11, 2002
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Originally posted by: Stifko
Originally posted by: Viper GTS
First tell us:

Was your window open?

Viper GTS

uhhhh, why do you ask me that ? It could've been, I dunno 4sure. There is some water damage in my room there by the window, but the roof used to leak like a sif.

Is the water damge above or below your window? If it is above then you are not at fault. If it is below you claim the window is defative so it isn't your fault.
 

Stifko

Diamond Member
Dec 8, 1999
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Originally posted by: bunker
Dude, you're screwed, pay the man.

Yeah, right. He doesn't know what water damage means. If he pushes this issue he will find out.
I have a long and colorfull history with this slumlord. He wants me out and offered me $10,000 to vacate.
This is harassment from him, and he can smoke out my butt cheeks.
 

eigen

Diamond Member
Nov 19, 2003
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Originally posted by: bunker
Dude, you're screwed, pay the man.

Unless he can prove it then dont pay sh!t.If he cant prove it you DID NOT DO IT.
 

KLin

Lifer
Feb 29, 2000
30,856
1,002
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Originally posted by: Stifko
Originally posted by: bunker
Dude, you're screwed, pay the man.

Yeah, right. He doesn't know what water damage means. If he pushes this issue he will find out.
I have a long and colorfull history with this slumlord. He wants me out and offered me $10,000 to vacate.
This is harassment from him, and he can smoke out my butt cheeks.

is your apartment rent controlled or something?
 

NightCrawler

Diamond Member
Oct 15, 2003
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Don't pay the $1500....the Landlord doesn't really want to get Lawyers involved because it's going to end up being more then the $1500.


PS: $1500 is not a lot for water damage so it couldn't have been that bad.
 

dman

Diamond Member
Nov 2, 1999
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It seems kinda odd that a storm would pull in enough water through one open window to damage four floors worth of units... without totally ruining the stuff in yours. I think you would be able to take a few pics to defend yourself, I mean if the window has just a little water damage to the wall you might be ok.

If your floors and furniture are damaged from a mini-flod and no other walls really got damaged from a roof leak... well.. you probably are at fault.

As to who's responsible for the bill, my guess: The insurance company for the building damage. The tennants for the property damage internally (it's called renters insurance) and maybe you for the deductible on his policy which could be $1500.

 

pyonir

Lifer
Dec 18, 2001
40,856
321
126
Originally posted by: NightCrawler
the Landlord doesn't really want to get Lawyers involved because it's going to end up being more then the $1500.

That's why the landlord would sue for the 1500 and lawyer fees.
 

acemcmac

Lifer
Mar 31, 2003
13,712
1
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Originally posted by: Stifko
Originally posted by: bunker
Dude, you're screwed, pay the man.

Yeah, right. He doesn't know what water damage means. If he pushes this issue he will find out.
I have a long and colorfull history with this slumlord. He wants me out and offered me $10,000 to vacate.
This is harassment from him, and he can smoke out my butt cheeks.

why don't you just move out and take his money? :confused:
 

lightpants

Platinum Member
Aug 13, 2001
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You know if you let the window open or not. How about a little personal honesty. If you screwed up, pay him, if not, there should be a way to prove the water is not from the window. Anything that happened before this between you and the landlord has no bearing on the current situation.
 

Stifko

Diamond Member
Dec 8, 1999
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Originally posted by: acemcmac


why don't you just move out and take his money? :confused:


Where would I move ? There are no apartments avaible in my area for what I pay per month ($1100).

He would divide the place I rent into 2 studios and get at least $1500 for each.

My window might have been open a crack. I fail to see how that could have caused that much damage to all those units. Some of the copies of bills he sent me were not even from repairs to units below me.

Originally posted by: lightpants
You know if you let the window open or not. How about a little personal honesty. If you screwed up, pay him, if not, there should be a way to prove the water is not from the window. Anything that happened before this between you and the landlord has no bearing on the current situation.

I am not paying him anything besides what I am obligated to pay. The onus should be on him to prove that the water came from my window. Directly above is a drain that clogs on a regular basis. When it clogs the whole rooftop becomes a pond. You don't realize what I am dealing with here. 2 rooms in my place have no working radiators.
 
Nov 5, 2001
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you sound like a model tenant. really.

if you left the window open, you are responsible. can't say to what extent from your post, but nonetheless you are responsible for something.