Posted by Penny on September 16, 2000 at 13:53:47:
In Reply to: manager neglagence results in death of my pet posted by zoe on September 15, 2000 at 20:47:59:
: There is a faulty window screen in my bedroom which has been which I have verbaly requested to have fixed over the course of the year that I have lived in this building. This unsafe condition doesn't allow me to have the windows open and air to freely flow through my apartment, it is also a safety hazard for my cats. The youngest, of which went through the screen due to its faulty nature and fell 6 stories and died last week. This was a tramatic experience for me and the repair still has not been made, even after I have talked to the manager, had him come to my apartment and look at the window and he said it would be fixed the next day. He says it is not the responsibility of the building and it is not a priority of the handyman. I issued a last rquest and deduction of $100. from next month's rent. What can I legally do?
Issue #1: It's too bad that you lost your cat, but you knew the screen was "faulty" long before the cat fell from the window. As far as being a safety hazard, the only thing at risk is a cat. Attending to the well being of your kitties is nowhere near the top of your landlord's to-do list.
Issue #2: To get fresh air into your apartment, you have only to open that window. There. One more "unsafe condition" and quality of life problem solved.
Issue #3: Your ultimatum and self-granted rent deduction won't get you anywhere. We are talking about a window screen and cats, not window guards and small children. Your apartment is habitable, you can get air, and cats unfortunately fall from heights. The cat wasn't squashed when the leaking toilet in the apartment upstairs fell through your ceiling, and it wasn't poisoned by lead paint chips or burned when a fire raged through the building because the smoke detectors weren't working. Those ARE problems for a landlord! Keeping your cats from falling out of the building is your problem.
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