Legal Question in Landlord & Tenant Law in New York

Landlord Ignoring Needed Repair Requests

For more than eleven months there

has been an ongoing problem with

water leaking into our apartment

through the ceiling. This has caused

deterioration of the ceiling and walls

in the bathroom, kitchen, and living

room. We have brought this problem to the management's attention on numerous occasions and a few inadequate attempts at repair have been made. Recently a new leak has occurred. We were told that in order to fix this problem access to the unit above us is necessary and that the tenant in this unit was reluctant to grant the super access. Upon this news a call was made to management requesting that this issue be resolved. We were told that we would hear back from them by January 22, 2009. To date we have not heard anything from them even after an emergency phone call due to the crack in the ceiling expanding and leakage worsening and the ongoing risks caused by their failure to remedy this situation. We have also sent a certified letter and still have heard no response from them. Our lease is up on April 30th which we do not plan to renew, but fear they may attempt to keep our security deposit for the damages from the leaks listed above.


Asked on 3/09/09, 7:03 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Landlord Ignoring Needed Repair Requests

The landlord may not withhold security as a result of the water leak problem. You would have the right - after you vacate the apartment - to sue the landlord for return of the security.

Mike.

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Answered on 3/10/09, 8:03 am


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