TenantNet Forum

Where tenants can seek help and help others



Can I get compensation for vacating apartment during repair

Rights for non-regulated tenants

Moderator: TenantNet

Can I get compensation for vacating apartment during repair

Postby awayagain » Sun Jan 10, 2016 5:16 pm

I live in New York City, Brooklyn in a 4-unit building built sometime around 1920. The unit is not regulated. I have a lease, and I am the only tenant.

This is the second time I have had to vacate my apartment for repairs. Both times I fortunately had a place to stay, but it was out of state and I had travel expenses. Also I'm paying rent while I'm unable to use the apartment. The previous time was for about 5 days and the landlord would not compensate me for anything. This time I'm away for over a week - I left on a Sunday morning, returning on a Monday day. The landlord agreed in advance to compensate me for travel, but I want to be compensated for a week of lost rent as well. Is there any law or legal precedent for this? I want to be prepared before I speak with the landlord. I believe I am being reasonable. The disruption was huge both times. I had to dismantle and reassemble my main living areas for demolition and construction. There was cleanup. And there was the loss of home use. To be absolutely clear, I'm not seeking anything for the previous time, or extra damages. The landlord already agreed to the travel expenses. I need to know if I have a right to be compensated for the time I am deprived of use of my apartment.

Thank you.
awayagain
 
Posts: 2
Joined: Sun Jan 10, 2016 3:59 pm

Re: Can I get compensation for vacating apartment during rep

Postby TenantNet » Sun Jan 10, 2016 7:55 pm

Not being regulated makes it more difficult. First, check the small print on your lease.

I would consider - if the LL will not negotiate in good faith - is to withhold part of your rent. If you do deduct part of your rent, chances are the LL will start a non-payment case and you'll wind up in court.

You should be able to counterclaim for the lost rent. But be aware, some judges might sever your claim and force you to bring a claim of your own not in housing court.

And if you do withhold rent make absolutely certain you keep it in escrow. Do not spend it.

Also understand if you make too much of a fuss the LL might not renew your lease.

Now, my question is why do you need to vacate your apartment? Some repairs are so significant, that might be required. But many are not. What did the LL actually have to demolish? Was he able to put you in a vacant unit for the time period?

Another way to approach it is to demand the LL put you up in a hotel, or a vacant unit.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 10306
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Re: Can I get compensation for vacating apartment during rep

Postby awayagain » Tue Jan 12, 2016 10:36 am

I had to vacate for demolition work - there was structural instability in the entire building, all tenants had to vacate for safety. Update: my landlord was willing to negotiate a reduction in rent the next month for the lost time. My landlord also promised to make the contractors take more precautions for the tenants in the building. There is ongoing construction work in a vacant unit causing a lot of dust in our apartments. It's a welcome relief when people work amicably together.
awayagain
 
Posts: 2
Joined: Sun Jan 10, 2016 3:59 pm


Return to NYC Non-Regulated Apartments

Who is online

Users browsing this forum: No registered users and 17 guests