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  1. #1

    Exclamation Carbon Monoxide Leak Due to Neglect of Maintenance by a Landlord

    My question involves landlord-tenant law in the State of: Westchester (County) / New York (State)

    Alright so, my family and I are tenants in a private house with a landlord. Today I noticed a very toxic smell in my room and I thought it was my air conditioner burning up or something and I went to have a quick smell to check out what's going on. There was nothing wrong with my air conditioner and my cousins came to my house and we were about to head off to play basketball. As I was heading out the front door my mother came in and I told her I had a pretty sharp headache and she instantly noticed the smell as she came into the house. I went to put on my shoes near the basement and the smell became even stronger.

    At this point I'd realized there was definitely a gas leak of some sorts and I strongly urged my parents to call the fire department in regard to a possible gas leak. I played basketball and came back to starbucks and relaxed for a bit and drank a coffee. I spoke to my parents/aunt at starbucks and found out the fire department/con-edison/police department had arrived and inspected the property and came to the result that there was a carbon monoxide leak in the house. In the basement the chimney was destroyed, and the pipes connected to the boiler were deteoriated and destroyed.

    I was very upset with this because this is negligence on the landlords part as it's his job to do maintenence/inspections on the property as he is the owner, and we are the tenants of his property. I went to the ER and after 2 hours of oxygen and blood testing, I had exposure to carbon monoxide (low amounts) and no carbon monoxide poisoning. I did have a temperature and a high heartrate and also light-headedness as well as a headache to re-address. I'm hoping to pursue this against my landlord as this is negligence and I was wondering what advice or anything you guys would like to add on as this put my family at risk.

    My father has a long list of health problems in the past from near-heart attack incidents to surgery, and he's a long time smoker so this could've had a traumatic effect on him if I didn't do something about it or notify my parents. Also, the inspectors/police department/fire department have reports in-which I'm going to seek tomorrow.

    My father has also taken photographs and videos of the basement boiler piping and chimney conditions, if this is important. We've also been cut off from the boiler and no longer have warm water anymore until this issue is fixed by the landlord.

    What should I do next, and can I pursue this legally? I'm in dire need of assistance as I'm hoping to get those reports/contact an attorney tomorrow.

    Thanks to all who reply!

  2. #2
    Join Date
    Dec 2012
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    Default Re: Carbon Monoxide Exposure/Leak (Landlord Issue) Need Quick Assistance

    Uh...have you or all the other professionals notified the landlord of this issue so that they may address repairs?

    While a very unfortunate episode (and thank goodness you responded so quickly) this is not necessarily "negligence" on the part of the landlord.

    Gail

  3. #3

    Default Re: Carbon Monoxide Exposure/Leak (Landlord Issue) Need Quick Assistance

    Quote Quoting gail in georgia
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    Uh...have you or all the other professionals notified the landlord of this issue so that they may address repairs?

    While a very unfortunate episode (and thank goodness you responded so quickly) this is not necessarily "negligence" on the part of the landlord.

    Gail
    Indeed, we've notified the landlord, he was just here concerning to the issues we've come across, but is there anything we can do about this legally speaking?

  4. #4
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    Default Re: Carbon Monoxide Exposure/Leak (Landlord Issue) Need Quick Assistance

    Quote Quoting tenantdude44
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    Indeed, we've notified the landlord, he was just here concerning to the issues we've come across, but is there anything we can do about this legally speaking?
    You appear to be stating that from the very first moment you told the landlord that there was a problem, the landlord has been concerned and actively trying to repair the problem. A landlord will often not know that a problem exists without first being informed by the tenant. The assumption that a landlord should have figured out that a problem was developing is often difficult to make, when tenants who occupy and possess the property don't see or report anything that suggests a developing problem. You describe this as a private house, so if your family are the sole tenants your family is in the best position to watch for and report any maintenance issues with the home.

    It is also not enough to speculate that past health conditions may have been caused or aggravated by carbon monoxide exposure. You need actual evidence of exposure, and a medical professional who takes the position that there was causation or aggravation. If you are not claiming any past injury from exposure, either by you or your parents, then this is an aggravation but you have no damages beyond, possibly, temporary housing if the home is not habitable until repairs are complete. If you incurred medical bills, you can see if your landlord's insurance will cover your costs; but they may take the position that the landlord was not negligent.

    A landlord has a duty to provide hot water. Ask the landlord when hot water will be restored.

  5. #5
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    Default Re: Carbon Monoxide Exposure/Leak (Landlord Issue) Need Quick Assistance

    Quote Quoting tenantdude44
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    Indeed, we've notified the landlord, he was just here concerning to the issues we've come across, but is there anything we can do about this legally speaking?
    To summarize Mr K's comments: You haven't won the lawsuit lottery and there isn't likely to be any money in it for you or your family.

    Feel free to consult an attorney if you like.

  6. #6
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    Default Re: Carbon Monoxide Leak Due to Neglect of Maintenance by a Landlord

    Quote Quoting tenantdude44
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    Today I noticed a very toxic smell in my room and I thought it was my air conditioner burning up or something and I went to have a quick smell to check out what's going on. There was nothing wrong with my air conditioner and my cousins came to my house and we were about to head off to play basketball. As I was heading out the front door my mother came in and I told her I had a pretty sharp headache and she instantly noticed the smell as she came into the house. I went to put on my shoes near the basement and the smell became even stronger.
    Carbon monoxide is an odorless gas. You may have been smelling something but it wasn't CO. You had your AC on so it wasn't the boiler (the heat wasn't on). Maybe it was the water heater but unless someone was using hot water, it wouldn't have been the water heater.

    You would have a hard time proving anyone was exposed to CO. I think you just stumbled onto a maintenance issue but no negligence.

    I had exposure to carbon monoxide (low amounts) and no carbon monoxide poisoning.
    Sitting in the kitchen using a gas stove exposes you to low levels of CO. Sitting in traffic with the windows open exposes you to low levels of CO. Sitting around a campfire...... Using a cigarette light exposes you to CO. Get the idea?

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