Legal Question in Landlord & Tenant Law in New York
Soaked carpet of a basement, window open,
I moved into a basement apt with three rooms in a house located in Suffolk county in NY. When I moved in, the only thing I signed was a sheet saying I have paid her (the landlord ) 750$ as security. Every month I paid the rent by money order. Two days ago, a huge rain fell into Long island and flooded my basement. Each room has a small window on the top. From the outside of the basement, which is a garden, you can see that the bottom of the window frame is only one inch higher than the ground. Besides, there is even a small dented area with size of the window around the window, in which the landlord puts some flowers. On that rainy day, ( I guess ) because there were no any sewage systems, the dented area of one window accumulated lots of water, and water overflowed and poured into my basement through the window. The carpet and my personal stuffs were all soaked. Now I wish the landlord could cover the expense of dehumidifying the carpet( 400$). But the landlord said it is completely my fault, since I should have closed the window (Come on, the window is not airtight, even if it is closed, the water will still come in ). She insisted that it is me that damaged the carpet and I should pay her 2000$ for her loss. What can I do?
1 Answer from Attorneys
Re: Soaked carpet of a basement, window open,
My first question is whether the apartment is legal. Most basement apartment on Long Island are illegal. If the apartment is illegal you will not be able to enforce your rights since a court will not uphold an illegal agreement.
If the apartment is legal, I would first submit the damage to the insurance company, although, without flood insurance the claim will probably not be covered.
If no insurance, and the apartment is legal, there is a factual issue that must either be negotiated by you and the landlord or decided by the Court.
Mike.
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