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Posted by peter on July 27, 2000 at 02:45:44:

In Reply to: Water damage (my property) caused by another tenant posted by Amanda Plyley on July 24, 2000 at 17:15:51:

First it is not neccasarily illegal for the tenant upstairs to have a washer. Upgrading an apartments utilities may not be illegal, they could make the case they are disabled and need the washer, and so on. If the washer was not installed by the landlord he is not accountable for it and if the landlord has notified the tenant that the washer is causing damage and the tenant refuses to repair this situation....hello....obviously your proplem is with the tenant. The landlord has enough proplems, because he/she is obviously responsible for the property damage done to thier own property. Our we would be reading another complaint on this very message board of a ruthless landlord who forced his way into my apartment and removed my washer, claiming that it was leaking. And we would all yell, sue the bastard!!

This is a small claims issue between you and the tenant above you. Withold rent and prepare yourself to be given non-payment eviction notices. The landlords notice to you is accurate, take them to court and be prepared to pay thier legal expenses. Particularly if he sent a certified letter to your upstairs neighbor.

Follow Ups:

• Re: this is not a housing court issue EGH 07/27/00 (1)
  • Re: this is not a housing court issue Amanda Plyley 07/27/00 (0)

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: First it is not neccasarily illegal for the tenant upstairs to have a washer. Upgrading an apartments utilities may not be illegal, they could make the case they are disabled and need the washer, and so on.  If the washer was not installed by the landlord he is not accountable for it and if the landlord has notified the tenant that the washer is causing damage and the tenant refuses to repair this situation....hello....obviously your proplem is with the tenant. The landlord has enough proplems, because he/she is obviously responsible for the property damage done to thier own property. Our we would be reading another complaint on this very message board of a ruthless landlord who forced his way into my apartment and removed my washer, claiming that it was leaking. And we would all yell, sue the bastard!!

: This is a small claims issue between you and the tenant above you. Withold rent and prepare yourself to be given non-payment eviction notices. The landlords notice to you is accurate, take them to court and be prepared to pay thier legal expenses. Particularly if he sent a certified letter to your upstairs neighbor.


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