Ripped up Roof Deck
Came home from work to see that my landlord had removed our deck (that he installed) because of water damage in the unit below. He stated that it won’t be replaced. This was a major selling point when we moved in and we’re sad to see it go. Do I have any rights here as…
Came home from work to see that my landlord had removed our deck (that he installed) because of water damage in the unit below. He stated that it won’t be replaced.
This was a major selling point when we moved in and we’re sad to see it go.
Do I have any rights here as a tenant?
As I always say to tenants; read your lease. The deck is clearly illegal, but does it say exclusive use of a roof deck is included? If so, you might make a plea for rent reduction, but it sounds like you want a deck rather than a reduction. If the landlord is stupid enough to make an illegal deck a selling point he may not be aware of the deeper issues being discussed here, and you could tactfully make your case for a reduction. If there is nothing in the lease (or even if there is, but you still want a deck) I suggest moving to another place with a legal outdoor space and a more responsible landlord. Let this be the landlord’s problem and not yours.
good point Arkady, astroturf would only work for sunbathing. A chair would go right through it. And as for fire code issues, a gas grill on a roof deck like that would also be illegal. One nosy neighbor calling 311 and the jig would be up.
there is no way that roof deck was legal. if the fire marshall saw that, he would have forced him to remove it. with all that weight out there I’m sure that’s what led to the leaks over time. did you climb out your window to get there? You probably should get a rent reduction if you say your paying for it, but who knows.
FLH – That’s asking for trouble. Astroturf does nothing to protect structure – you have to even out thepressure exerted by chair legs, bbq, etc.
Read your lease; I wouldn’t be surprised if there is language there protecting himself.
fsrg, you’re right to call BS on brokelin for pumping up the prospect of legal remedies. Regardless of rent regulation, tenant has no legal leverage unless use of the roof deck is in the lease.
Like most situations, you’re better off working it out rather than lawyering up. If you’re bummed out about the loss of the roof deck that helped sell you on the place, ask LL to (voluntarily) knock a few bucks off the rent. If you’re really bummed out and want to move, ask for a lease surrender agreement
brokelin – you seem to miss the reality that if this building is not regulated, the tenant (who you are now pumping up with nonsense about getting a lawyer and tenants rights) has essentially ZERO leverage.
Try being practical….the most the tenant (in any case) could get is an allowance for loss of rent for the loss of use of the roof deck (which btw would probably exclude the months necessary to do the required roof repairs),
how much do you think that loss is worth (to a Court) – the roof can only be used in nice weather- 6mo a year and it is far from necessary for habitability. If a court thought it was worth $100 a month (for 6mo) it would be alot….
So what do you think this tenant is going to do (in a non-regulated apartment) to collect a few hundred bucks – start a legal battle with his LL???? Guess what….the LL will simply not renew the lease. By the time this thing got adjudicated, the tenant would be out of an apartment and out at least as much $ as he’d be able to collect….i.e. its a pointless exercise.
Now if the apartment is regulated, it might be worth a shot simply because then the tenant would have to be offered a renewal (at a legally determined rent) but otherwise everything you talked about above is totally not realistic.
Based on that picture, and what appears to be the property lines/ fire escape, that wooden deck was an illegal construction to begin with, and couldn’t be legally replaced. You might want to just get some astroturf at Home depot and lay that down over the roof membrane to protect it. Insta-deck.
If it isn’t in the lease–fugetabout. If you don’t like it–move & buy your own place.