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Fire in building - my apt was involved. Need advice — Brooklynian

Fire in building - my apt was involved. Need advice

hitokiri
hitokiri
edited November -1 in The Lounge / Random Stuff
Ok, this happend last month.

The damage to my apt was all firefighter doing.
Smashed walls, destroyed windows. My apt only received smoke damage from the fire directly below. I got lucky.

I also have renters insurance. So I am covered for a bunch of things, however my "cost of living" (hotel, motel, dinners etc) money is limited.

I am also lucky that I have family close by and can crash with them. What is annoying the hell out of me is that NOTHING has been done yet in the building.

The city came back earlier in the month, saw the boarded up windows blocking the fire escape and labeled my apt as a partial evacuation. (i was/am already living in a hotel)

The building is working with their insurance company, however they just now got the ok to clean the hallways. In the meantime, my apartment can take as little as 3 days to fix up.

This is already going on for a month, but I refuse to lose such a prime spot. I am not paying rent for obvious reasons, but I did submit for a rent reduction to $1 a month to show my vested interest in the apartment when its fixed. I was told to do this by the building manager...however, he "forgot" to tell me about the form..which i found out myself. I kept the original, sent a copy to the city and sent another to the management company along with a check for $1 and a note saying I still want back in. The city doesnt have a real "fire form", so they just told me to write in big bold letter "Fire Case" on it.

I also took it upon myself to file for a fire marshal report since its seems to be taking the management company forever to get one themselves.
I have been in contact wit hthe building manager and he keeps saying adjusters are coming. But they KEEP coming.

So I guess my question is, where do I stand in regards to my rights as a tenant? Is there a time slot that needs to be followed? Am I just screwed?

Comments

  • modsquad
    modsquad
    Did they cash your check for $1? If he did. then expect to regain the apartment. In principle the $1 stands for the part of the apartment that has been deemed usable. At this point the only way he could terminated the Lease is to demolish the building. I'm not sure how long he has to fix it. It wouldn't make sense to wait too long, his insurance will cover lost income for a reasonable length of time to facilitate repairs, but not forever.
  • hitokiri
    hitokiri
    i think i might have lead you in the wrong direction.

    I am more concerned about the time it is taking for them to even start the work for repairs. A full month has passed and still nothing is done.

    As a tenant, is there a time limit out there that is acceptable? Or can something like this take as long as a year to fix if the management deams so?
  • whynot_31
    whynot_31
    I think HPD in the agency that gets involved in cases of folks being homeless as a result of fire. ...you may want to see if they have guidelines, etc.
  • modsquad
    modsquad
    Short of demolition the LL is in violation of the Lease. He simply can not fix the apartment hoping you'll go away. At some point this becomes a constructive eviction, something that you can seek damages over. Sounds like you need an attorney, at the very least, to send a certified letter, requesting clarification as to when repairs will be done. He would know better any court decisions regarding stuff like this.

    Try pleading your case on Tenant.net. There are some pretty knowledgeable people that weigh in. I don't even presume to argue with them.

    http://tenant.net/phpBB2/index.php

    To answer your question. A "reasonable time" to fix and repair.

    UNINHABITABLE PREMISES - CONSTRUCTIVE EVICTION

    Unless otherwise expressly agreed, there is an implied agreement in every lease for real property that the landlord will refrain from acts or omissions which interfere with the tenant's right of peaceable enjoyment of the premises. If this implied agreement is breached bv the landlord, either by act or by omission, resulting in the premises becoming legally uninhabitable, the tenant may vacate the premises, terminate the lease, and owe no further rent. To exercise this remedy, the tenant must abandon the premises. Before the tenant is justified in moving out, the landlord must also have been given notice of the problem by the tenant and a reasonable time in which to remedy the situation. A tenant should get legal advice from an attorney prior to exercising this remedy. Only in extreme conditions may a tenant vacate the premises and stop paying rent. This remedy should never be attempted without first talking to an attorney.
  • hitokiri
    hitokiri
    hey mod, thanks for the link.

    I will be sure to post on it
  • curleygreg
    curleygreg
    i used this attorney to deal with a landlord and he was EXCELLENT. but he'll probably cost you around 3k though:

    http://www.manta.com/coms2/dnbcompany_6s16rr

    good luck!!!
  • hitokiri
    hitokiri
    actually, it's funny you brought that up.
    I am collecting the contact info for those directly affected by this in order to talk to them about getting an attorney.

    If they are up for it, then the cost will get split. However, I have a bad feeling that I was the only one with renters insurance and that they will not be too keen on the idea of spending more money
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