QUESTION
Can I sue my landlord because rotting, ill fitting windows that don't lock?
Asked on Aug 08th, 2017 on Landlord and Tenant Law - New York
More details to this question:
My landlord is well aware that the windows in my apartment are in terrible need of replacement I've been in him since I first moved in. The frames of the windows are rotting, the windows don't fit properly therefore they don't close properly nor do they lock!! Sometime during the night on Sunday August 6, 2018, Someone scaled the house onto the top porch (I live in the upstairs apt) ripped the screen from the window climbed into my house and stole valuables plus the keys to my brand new car and also stole my car. Can I sue him because of the lack of providing safe windows that work and lock properly for the loss of my valuables and my vehicle? These people cane into my home while my son and I were asleep!! We could have been killed in our sleep!!! I have been asking for the replacement of these windows since I moved in here. Now my vehicle has been stolen!!! I need to know what my options are can I hold him accountable?!
1 ANSWER
Civil Rights Law Attorney serving Rockville Centre, NY
Partner at
Lori Nevias, Attorney at Law
1 Award
Assuming you can prove your landlord knew about the need for the repairs, and you gave him a chance to make the repairs, you can probably sue him for your lost property, depending on when this happened (it definitely did not happen on 8-6-2018). Your best move is to take your landlord to housing court to force him to make the repairs, and for a rent abatement and include a claim for the property damage. If you live in a NYC borough you can call 311 to make a complaint to HPD which will trigger an inspection, for which you must make yourself available to give access. You can also make the repairs yourself and deduct this from your rent and if the landlord tries to evict you for non-payment assuming the cost was reasonable and you have written estimates to prove it, the judge will likely give you credit for the repair and possibly also an additional abatement in rent if you can prove how long the condition existed and that you complained and gave the landlord a chance to repair.
Answered on Aug 08th, 2017 at 8:34 PM