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Removal of Existing Pressurized Wall

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Removal of Existing Pressurized Wall

Postby ktp » Thu Aug 30, 2012 3:34 pm

I moved into an apartment that had an existing pressurized wall a few years ago. The tenants who lived in the apartment before me installed this. My lease is up and I am moving out in a few months. My management company already rented our apartment and they informed me that I will have to remove the wall. They said when I moved in I accepted the apartment "as is" and the new tenant moving in does not want the wall so I have to remove it.

I reviewed our lease and there is nothing in there that says anything about removal of wall. There is a paragraph about removing all of our property but that is the extent.

Does anyone know my rights? I really don't want to pay to have it removed nor do I want to damage the apartment trying to uninstall it.
ktp
 
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Postby ctny » Tue Sep 11, 2012 8:47 pm

I am not a lawyer, but in terms of logic, you took the apartment "as is" means you agree to the condition of the features of the apartment, it does NOT means you have assumed OWNERSHIP of these features.

If they are saying you own the pressurized walls now due to the "as is" clause, to extend their logic, you also accepted the stove, the toilet, the doors, the floor, the windows, the kitchen cabinets, etc. So you should be entitled to take them as well, or at least damage them anyway you want, since you are the owner.
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Postby ronin » Sun Sep 16, 2012 1:22 am

I agree with ctny. "As is" is how you got it. You return it the way you got it. If you removed the wall without permission the LL would be happy to hold your rent deposit for "damages".

Here's what you should do. 1) Notify the management company that they gave you an apartment with an illegal pressurized wall. 2) They put it in the lease. 3) You will go to the Department of Buildings and the Fire Department to notify them of the illegal partition. 4) The City will fine the LL lots and lots of money and order the wall removed. 5) You will move out as planned.

or

1) You move out and LL takes down the damn wall for you. Everyone lives happily ever after.

IMHO
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