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  1. #1
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    Nov 2014
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    Default Can Your Landlord Refuse to Let You Make Repairs to the Rental Property

    My question involves landlord-tenant law in the State of: NY

    Hello,

    I rent a room in a house. For some reason, the window in my room won't stay up anymore and the window is cracked. The closet door is also not locked.

    The landlady is accusing me of being the culprit. I'm not even sure if this was my doing or these were already like this before I moved in.

    Anyway, I'm trying to be responsible. I've called several companies in my area and they told me from what my description of the damages. The window can be fixed and so can the door. The problem is
    My landlady refused to let me fix it. I'm at work right now, I called her (she will be at home all day) if it would be okay for the company stops by and inspects the window in my room. She said no because she already has someone else/another company coming in on thursday to take a look at ALL of her windows. She said she was gonna fix the windows in her room and seeing mine is also broken. She wants to get an estimate on all windows in her house. Not just mine.

    I'm paraphrasing but basically she said, since she has to replace my window due to the damage (again, this can be fixed. no need for replacement) and she feels if she replaces mine, she has to replace ALL windows on my floor, even the ones in her room and her daughter's room. She said it wouldn't look aesthetically pleasing from outside if my window is new and the other ones are old. This is not reasonable, is it?
    that doesn't make any sense, just mine is broken. She has to replace all of her windows?

    She has yet to ask me to pay for the damages but surely she can't ask me to pay for all of her windows, can she? I feel as if she's taking an advantage of the situation. I'm no expert, but the window and door can easily be fixed for less than $300 at most but she's going with another company of her choice (that's more expensive) and has a lot of bad reviews on the internet (google/consumeraffairs). She said the window in my room would cost her $800.

    I guess my question is what can I do in this situation? Can I just hire the company of my choosing to fix the door and window? Again, she has yet to ask me pay for the damages. If she does what do I do?

    I have no lease. No written agreement. Just verbal agreement. $700 a month. All utilities included + portable AC provided.

    Also, about 2 weeks ago, the AC in her room broke. So while she waiting to get it fixed. She asked me to give her my AC. I had no AC for about a week. Moreover, even though she said, utilities inclusive, I'm not allowed to leave a fan/ac on for my dog when I'm at work. I have never said anything or objected to any of this when all of this happened. but can I use this against her if she sues me for the window and closet door?

  2. #2
    Join Date
    Dec 2012
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    1,026

    Default Re: Can Your Landlord Refuse to Let You Make Repairs to the Rental Property

    Before anyone wastes their time on this one...

    We've been through all this on another forum. This person now states they're leaving at the end of the month. Their story keeps changing with each posting. It's suspected they're making things up as they go along.

    Gail

  3. #3
    Join Date
    Nov 2014
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    Default Re: Can Your Landlord Refuse to Let You Make Repairs to the Rental Property

    ??

    Change what story?

    English is not my language. So, im sorry if there's confusion.

    My problem is real

    I am leaving at the end of the month? When did I say that I wasn't?

  4. #4
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    Default Re: Can Your Landlord Refuse to Let You Make Repairs to the Rental Property

    You are free to get whatever estimates you want in relation to the repairs that need to be done. Once you have estimates you can submit them to your landlady for review, and see if she chooses to hire the contractor(s) who made the estimate(s), or authorizes you to do so. You're better off if she makes the hire, as that way she will be responsible for any shortcomings in their work. You have no right to perform any work on your landlady's property without her permission.

    If your landlady is not interested in your contractors, and uses her own, if her contractors end up charging more than your estimates you can try to use the estimates to dispute your landlady's deductions, first in negotiations and later, if necessary, in small claims court.

    If glass repair is possible but she's installing a full replacement window, not just replacing the broken glass, the amount she claims should be depreciated based upon the age and useful life of the window unit she is replacing and should not exceed the cost of glass repair.

    You won't get anywhere in court, complaining that you had to turn the AC off when you were out of the home.

  5. #5
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    Jun 2015
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    Default Re: Can Your Landlord Refuse to Let You Make Repairs to the Rental Property

    As an aside many building codes require functional windows and ones wo cracks ..and failure of LL to,supply same can sometimes be a problem for LL . Imh as one tenant drive me nuts over missing screens ..which she admitted her cat destroyed and she tossed ..why..because out local code requires screens.

    I agree..it's not your job to pay for new windows ..at most you owe for a fraction of depreciated value..or remaining life ...and most window repairs are pretty simple...but give us a clue as to what is broken ? Broken single pane glass is a pain but pretty simple in smaller sizes ...

  6. #6
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    Default Re: Can Your Landlord Refuse to Let You Make Repairs to the Rental Property

    Quote Quoting Mr. Knowitall
    View Post
    You are free to get whatever estimates you want in relation to the repairs that need to be done. Once you have estimates you can submit them to your landlady for review, and see if she chooses to hire the contractor(s) who made the estimate(s), or authorizes you to do so. You're better off if she makes the hire, as that way she will be responsible for any shortcomings in their work. You have no right to perform any work on your landlady's property without her permission.

    If your landlady is not interested in your contractors, and uses her own, if her contractors end up charging more than your estimates you can try to use the estimates to dispute your landlady's deductions, first in negotiations and later, if necessary, in small claims court.

    If glass repair is possible but she's installing a full replacement window, not just replacing the broken glass, the amount she claims should be depreciated based upon the age and useful life of the window unit she is replacing and should not exceed the cost of glass repair.

    You won't get anywhere in court, complaining that you had to turn the AC off when you were out of the home.

    Thank you for your reply.

    I guess my main concern is would she have a valid claim against me since neither of us had the checklist thing when I moved in? We don't even have a lease or written statement whatsoever. Wouldn't she need to prove that I was the one who broke the window in order to win? Moreover, my room has no lock. She has, on many occasions, entered my room without my permission. For all I know, she could be the one who broke the window.


    about the AC. I'm not trying to sue her for this. I'm just asking if she does sue me for the window, can I use this fact to reduce her claim? that she promised me that I would have access to my portable AC but she took it away from me for a week or so.
    Quote Quoting HRinDEVON
    View Post
    I agree..it's not your job to pay for new windows ..at most you owe for a fraction of depreciated value..or remaining life ...and most window repairs are pretty simple...but give us a clue as to what is broken ? Broken single pane glass is a pain but pretty simple in smaller sizes ...
    According to her, her windows are about 14 years old.

    It's one of those energy efficient windows. It has 3 glasses. The one that broke is the one in the middle. So, technically, the window still functions in a traditional sense. If it rains, the water won't get into the room.

    My suspicious is this is stress crack. because IF i accidentally slam the window down too hard, then I am sensing the 1st layer should be the one that cracked first. The 1st and the 3rd glass (inner and outer glass) are fine, no cracks. the size of the window is about 33X33 inches

    the frame itself is still good. So, I don't really see the point of replacing the window let alone replacing ALL windows in here house because of this. She could simply just replace the inner glass.

  7. #7
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    Default Re: Can Your Landlord Refuse to Let You Make Repairs to the Rental Property

    Even if a window keeps the rain out, when a window breaks during your tenancy you can expect to be charged for its repair.

    Generally speaking you cannot just replace the inner glass, but you are free to have a window contractor take a look and quote a repair price.

  8. #8
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    Default Re: Can Your Landlord Refuse to Let You Make Repairs to the Rental Property

    Quote Quoting Mr. Knowitall
    View Post
    Even if a window keeps the rain out, when a window breaks during your tenancy you can expect to be charged for its repair.

    Generally speaking you cannot just replace the inner glass, but you are free to have a window contractor take a look and quote a repair price.
    Thank you for your reply

    But as I said in my original post, my landlady wouldn't even let have anyone else stop by. It seems that she's already dead set on her own people. I have taken pictures and emailed to several people. To fix the window is about 200-300 dollars. to replace the whole window is $600-700.

    I really don't mind paying MY window (even though I am pretty sure I didnt cause this) but to put the blame on me and ask me to pay for the other 6 windows in the house just because ONE window in my room needs to fixed/replaced doesn't sound right. Her people quotes her $7000 for 7 windows.

    I guess my main question is, without a written agreement/lease and the fact neither of us were sure of the condition of the room + window before I moved in + my room has no lock, what are her chances of her winning this case? I mean, she can't really prove that the window was fine before I moved in or that I broke it.

  9. #9
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    Default Re: Can Your Landlord Refuse to Let You Make Repairs to the Rental Property

    If you have possession, you can invite over whomever you want. Once you surrender possession, you're going to either have to get the landlord's permission or have your contractor work from whatever you have -- e.g., photographs, your landlord's notices to you, any available estimates or receipts from the repair, etc.

    You previously told us that you were only being charged for the broken window from your room.

    You are free to litigate, and to try to convince the court that the window was broken when you moved in.

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