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Posted by DK on August 27, 1999 at 12:32:50:

In Reply to: leaky roof posted by Dawn on August 27, 1999 at 11:30:56:

: I live on the top floor of a 5 story building.
: The light fixture in my bedroom leaks water during heavy rain storms/
: snow storms. I told my landlord about this problem back in January and
: assumed he had fixed it. With yesterdays downpour here in NYC, it leaked again.
: Unfortunately I was at work and when I came home I found a
: ruined mattress and box spring. Can I deduct the cost of the mattress
: from my rent?

I agree with Mark that you are better off going to small claims court.

This is a straight-forward negligence claim that will be covered by the landlord's insurance (unless the amount is so small it's covered by the deductible).
In order to win a negligence claim you have to show (1) a duty--established here by the landlord tenant relationship (2) failure to perform the duty--established by the failure to repair after you gave notice (3) proximate cause--that the failure to perform was the direct cause of the damage, pretty clear in this case, and (4) damage--you get the difference in value before the incident and after the incident; you don't get full replacement value, but only the depreciated value of the property damaged.

Write a letter asking for reimbursement. If you don't get satisfaction within a few weeks, file in small claims court. It's very easy and inexpensive.

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Comments:
: : I live on the top floor of a 5 story building.
: : The light fixture in my bedroom leaks water during heavy rain storms/ 
: : snow storms.  I told my landlord about this problem back in January and 
: : assumed he had fixed it.  With yesterdays downpour here in NYC, it leaked again.  
: : Unfortunately I was at work and when I came home I found a 
: : ruined mattress and box spring.  Can I deduct the cost of the mattress 
: : from my rent?

: I agree with Mark that you are better off going to small claims court. 

: This is a straight-forward negligence claim that will be covered by the landlord's insurance (unless the amount is so small it's covered by the deductible).
: In order to win a negligence claim you have to show (1) a duty--established here by the landlord tenant relationship (2) failure to perform the duty--established by the failure to repair after you gave notice (3) proximate cause--that the failure to perform was the direct cause of the damage, pretty clear in this case, and (4) damage--you get the difference in value before the incident and after the incident; you don't get full replacement value, but only the depreciated value of the property damaged.

: Write a letter asking for reimbursement. If you don't get satisfaction within a few weeks, file in small claims court. It's very easy and inexpensive.


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