Water Leak bathroom ceiling damage wall.

[skar0913]

Hello All
Need some advice on a situation, so here goes.

Background History:
Live in a RS apartment with mom that is under her name. Been living there 20+ years, I grew up in the apartment. Have gone thru probably about 4 landlords. I would say all the landlords have been ranging from slumlords to plain old cheap on fixing stuff. My mother never really took the time or effort to bug the landlords about major repairs or painting walls as she always though she would move out soon. Of course that hasn't happen.

So years ago there was a leak in the bathroom ceiling not a big leak but didn't do much damage at the time besides brown stain. There is also plaster cracking as well, but never really bugged any of landlords to fix it. Did have handyman replace toilet and some minor repairs on the wall.

Current Status:
Major water leak happened last week, need buckets to hold water. Brown water stains everywhere. Took landlord 4 days to get someone to fix and it happened to be the old super who lived above our apt. It looked like the LL knew where it was coming from even before he step into the building(fishy) and look like it was fixed in less than 30min. He fixed it in about but left and never bother telling me it was fixed. He said that it was from the 3rd flr., but can't be sure if he even went to the 3rd flr. I will have to talk to the 3rd flr. tenant. We figured it out once the leaked stop. So after 5 days we confirmed no more leaks, but now there are major brown stains on the walls. Paint is peeling in areas that has no issues before. And it looks like it made worse previous cracks in the wall.

Is the current LL responsible in fixing the wall, even replacing it as the leak inside the wall and coming from 3rd flr. apt? Does it matter if the wall was not in the best of shape due to the previous LL did not fix it?


My fear is that the LL may use this as a ploy. He will agree to fix the wall or replace it but it would require that the bathroom tub and toilet to be removed then once remove delay delay delay finishing. What i have is apt. with no bathroom which is not good for my mom who is over 70.

Thank You

[TenantNet]

Is the lease under just your mother's name, or both her and your names? If the former - even if you don't know your plans - consider at least looking into what it might take to set up succession plans for the future. It helps to consult an attorney, but you can do it without. Start here: http://www.nyshcr.org/rent/factsheets/orafac30.pdf

As to the leak, document the leak with many photos, and document your efforts to get it resolved, i.e., letters to LL, complaints to HPD, inspections, violations, etc. Make sure you give access, but on your terms (they must make appointment - don't let them walk over you).

If a real emergency, i.e., cascading water, then you don't have to wait for LL. Make sure water gets turned off at source of problem.

What often happens if that LLs will paint over water stains but fail to fix at source of problem.

If unit needs painting, you have a legal right to have it repainted and plastered as needed. LL must paint every three years or sooner if needed. Look for mold as that can be an even greater problem. LLs must fix both the problem, and the cosmetic.

Seems like you're speculating on the tub/toilet. Has he said something to that effect, or actually done that (you aren't clear)? Don't let him remove those as they aren't the problem.

You have rights. If he plays those games you can get violations, withhold rent, go to court and so on.

[skar0913]

Hello
Thank you for the information. It is helpful, I've been in contact with the super and so far he going setup a date when discuss the issue. So I am crossing my fingers and hope for the best.
In regards to the toilet, I am only speculating since the LL/Super has not mentioned that they need to remove it so make it easier to fix the wall (if they have to replace it). I am no contractor but based on my observation, the toilet is butt up right against the wall that got damaged to me common sense would dictate that it be a lot easier to replace/repair the wall if the toilet was removed.
Do they have the right to remove the toilet temporarily? and if so is their any statue that that is has to be put back at the end of the work day?

Thanks

[TenantNet]

First, Never put your real name on any post in any internet forum. I've had to remove your name twice now.

Second, understand the super is just a paid employee and not the LL. While you might get some useful info from the super, he is not the one responsible to make repairs. It's the LL who is responsible to make repairs.

And stop speculating. Wait to see the scope of the repairs they intend to make, then you can object if there's something wrong. We don't know the specifics, but the toilet might need to be taken out temporarily. If so get them to promise - in writing - that they will put it back in working order.

[skar0913]

My apologies about the name. Thx