Annoying Neighbor

[katmax9009@hotmail.com]

I currently rent an apartment where my the upstairs tenant constantly overflows her bathtub which in turn floods my apartment. I've complained to my landlord several times. He stated he is only required to repaint the apartment and fix any damage. This would be fine if it only happened once, she has done this on a number of occassions. Is the landlord liable based on the numerous complaints? What's the best course of action?

[Lilly]

Case Caption:
57-59 Second Ave. Corp. v. Yeung
Issues/Legal Principles:
Tenant who allows bathtub water to overflow to apartment below on 20 occasions may be evicted as a nuisance.
Keywords:
nuisance
Court:
Appellate Term, First Department
Judge:
lower court: Hon. Arlene H. Hahn
Date:
April 10, 2002
Citation:
NYLJ, page 18, col 2
Referred Statutes:
RSC 2524.3(b)
Summary:
The tenant repeatedly allowed water to overflow from his bathtub, a condition which caused water penetration in the apartment below at least 20 times. The landlord demonstrated nuisance and therefore was entitled to evict the tenant.

[too trusting]

This is great news! I have to tell my LL about this. Since we've moved in we've had a waterfall 3 times in 6 mos. and I know it happened before we moved in. I think he wants to get rid of her anyway, she's a total pain in the a$$ flake. The last time it happened she was filling the sink and her sister called. She answered the phone but left the water running. Now the ceiling in the kitchen is starting to come down because its happend so many times.

[katmax9009@hotmail.com]

The landlord refuses to take any other action other than repair the damages. Is my only action to take this tenant to court or does the landlord bare some of the responsibility?

[too trusting]

See if you can sue both for your damages. The tenant for doing this and the LL for not doing anything about it.

[amnatc]

Maxcat,

Your case is exactly like mine...

Since yr 1988, we (my wife & I) have lived in our apt - which we never had any problem. Until yr 2000, a "neighbor from HELL" has taken-over the lease for the apt right above ours, from (which he claims) his sister. From yr 2000 (til the present), we have been living in Hell...we have a lot of problems, from the noise during the quiet hrs (sometime from 10pm - 7am) and water leak incidents (almost 20 times w/in less than 3 yrs).

We call 911, Noise-complaint and, lately, 311 to report all the problem. But, all none has improved our situation.

Well, my LL just do nothing to get rid this "neighbor from HELL" & just simply told me that their responsibility is to only "re-paint" the ceilings & walls. That really makes me mad as Hell.

Anyway, good lucks & pls let me know how did you solve your problem...

[amnatc]

Lily,

I remember you also posted the same citation since last yr (for my case). Anyway, I just want to express my sincere "Thanks" to you...

My situation is still the same. The LL just take no action!

Well, I think I may need a "greedy" lawyer to start the case...anyone can recommend me a name or two!!!