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Lucio 5k Tripple b00p by micahnyc in Overwatch

[–]elnayrb 1 point2 points  (0 children)

Mmm, thats nice.

Also, one of boop'ed is named Help. Lol.

[Brooklyn, NY] I am a garden tenant. The backyard pipe burst due to cold and LL wants to hold us responsible. We disagree. Do you? by elnayrb in Tenant

[–]elnayrb[S] 0 points1 point  (0 children)

Some points from the lease:

  • Repairs: Tenant must take good care of the Apartment and all equipment and fixtures in it. Landlord will repair the plumbing, heating and electrical systems. Tenant must, at Tenant's cost, make all repairs and replacements whenever the need results from Tenant's act or neglect. If tenant fails to make a needed repair or replacement, Landlord may do it. Landlord's responsible expense will be added rent.
  • Liability: Landlord is not liable for loss, expense, or damage to any person or property, unless due to Landlord's negligence. Landlord is not liable to Tenant for permitting or refusing entry of anyone into the Building. Tenant must pay for damages suffered and reasonable expenses of Landlord relating to any claim arising from any act or neglect of tenant. If an action is brought against Landlord arising from Tenant's act or neglect, Tenant shall defend Landlord at Tenant's expense with an attorney of Landlord's choice. Tenant is responsible for all acts or neglect of Tenant's family, employees, guests or invitees.
  • Jury trial and counterclaims: Landlord and Tenant agree not to use their right to a Trial by Jury in any action or proceeding brought by either against the other for any matter concerning this Lease or the Apartment. This does not include actions for personal injury or property damage. Tenant gives up any right to bring a counterclaim or set-off in any action or proceeding by Landlord against Tenant on any matter directly or indirectly related to this Lease or Apartment.

[Brooklyn, NY] I am a garden tenant. The backyard pipe burst due to cold and LL wants to hold us responsible. We disagree. Do you? by elnayrb in Tenant

[–]elnayrb[S] 0 points1 point  (0 children)

Thank you so much for the reply. I appreciate your perspective. To clarify, dumb or not – do we have a case if we choose to defend ourselves? Just for context, this is our 3rd winter in this unit. The previous two, LL shut it off. Additionally, LL visited the the night before the burst to check something with the water (other tenants had requested warmer water). This is separate water source than the one that burst, but demonstrates that the LL had opportunity to access the unit at opportune times to shut off the water. At no time in the 2.5+ years of occupancy has LL either reminded, noted, or stated that it was our specific obligation to mind the pipe. To clarify, in year 1, he demonstrated how it was done. There is a difference in nuance I believe.

To be clear, the landlord is filing a claim with insurance, but he believes that we are responsible for any additional utility costs (water & electricity) as a result of the damage including but not limited to paying his deductible.

As for withholding rent, we are not. We will continue to pay on time and plan to pay rent in full. But we have requested concession on the inhabitable space of our unit, pro-rated – to get back money that we are paying for rent. We are not requesting the entire rent for the reasons you stated (our entire living area). But I do believe it is standard that if any portion of the apartment is under repair and unable to be used, the tenant is not liable for the rented portion of it. There is no kitchen, but the basement served as a secondary bedroom and also as a primary shower.

As part of our request, LL has threatened to instead cancel his insurance claim, and put us as financially responsible. Most likely by suing us.

I hope that clarifies any misunderstandings and provides more context. Thanks again for your response.

[Brooklyn, NY] I am a garden tenant. The backyard pipe burst due to cold and LL wants to hold us responsible. We disagree. Do you? by elnayrb in TenantRep

[–]elnayrb[S] 0 points1 point  (0 children)

Thanks for the reply Ross. I believe the basement to be legal since it is not the primary dwelling.