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Thread: loss of amenities = rent reduction?

  1. #1
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    Default loss of amenities = rent reduction?

    I rent a fairly nice apartment in NYC with a private roof deck (and pay
    an applicable rent for this luxury). I just found out yesterday that
    the neighboring building will be doing city required repairs to the
    facade of their building - which will require my roof deck to be
    covered in protective material and be basically unusable for 3 months.

    Am I entitled to either a rent reduction from my landlord - or
    compensation from the neighboring building?


  2. #2
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    Default loss of amenities = rent reduction?

    "Beth" <bethweber@att.net> wrote in message
    news:1bba111t9k86pumgvu2orljg3o1g30tjue@4ax.com...
    I rent a fairly nice apartment in NYC with a private roof deck (and pay an applicable rent for this luxury). I just found out yesterday that the neighboring building will be doing city required repairs to the facade of their building - which will require my roof deck to be covered in protective material and be basically unusable for 3 months. Am I entitled to either a rent reduction from my landlord - or compensation from the neighboring building?
    Did you read your lease agreement (inducing all the fine print)? None of us
    can see it from here.



  3. #3
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    Default loss of amenities = rent reduction?

    Beth wrote:
    I rent a fairly nice apartment in NYC with a private roof deck (and pay an applicable rent for this luxury). I just found out yesterday that the neighboring building will be doing city required repairs to the facade of their building - which will require my roof deck to be covered in protective material and be basically unusable for 3 months. Am I entitled to either a rent reduction from my landlord - or compensation from the neighboring building?
    There may be local statutes covering this. I can only answer in the
    general, but I'd suggest you check with a tenants' rights organization
    if you don't get a specific answer here.

    Generally, if your rent is higher due to the luxury roof your apartment
    has than it'd be w/o that roof place, you are entitled to a reduction in
    rent to whatever the fair market would be for a place w/o the luxury roof.

    I think the rent reduction should be between you and your landlord. It
    would be up to him to negotiate a recovery from the other entity.
    Remember, your contract was with your landlord so the other entity can't
    violate it.

    Based on your post, I'd say you are so entitled to an abatement for the
    term of the loss of use.

    -paul
    ianal


  4. #4
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    Default loss of amenities = rent reduction?

    In article <om1p111i099nj7n9cljamc05vbf7u1lhej@4ax.com>,
    Paul Cassel <pcasselplustwo@comcast.net> wrote:
    Beth wrote:
    I rent a fairly nice apartment in NYC with a private roof deck (and pay an applicable rent for this luxury). I just found out yesterday that the neighboring building will be doing city required repairs to the facade of their building - which will require my roof deck to be covered in protective material and be basically unusable for 3 months. Am I entitled to either a rent reduction from my landlord - or compensation from the neighboring building?
    There may be local statutes covering this. I can only answer in the general, but I'd suggest you check with a tenants' rights organization if you don't get a specific answer here.
    That is always good advice.
    Generally, if your rent is higher due to the luxury roof your apartment has than it'd be w/o that roof place, you are entitled to a reduction in rent to whatever the fair market would be for a place w/o the luxury roof.
    That might be the fair thing to do, but that is not the law
    in most places. Most places consider rent to be paid for
    shelter, and as long as basic shelter is provided, the
    agreed rent is due.
    I think the rent reduction should be between you and your landlord. It would be up to him to negotiate a recovery from the other entity. Remember, your contract was with your landlord so the other entity can't violate it.
    Everything is negotiable. It never hurts to ask.

    -john-

    --
    ================================================== ====================
    John A. Weeks III 952-432-2708 john@johnweeks.com
    Newave Communications http://www.johnweeks.com
    ================================================== ====================


  5. #5
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    Default loss of amenities = rent reduction?

    In article <om1p111i099nj7n9cljamc05vbf7u1lhej@4ax.com>,
    Paul Cassel <pcasselplustwo@comcast.net> wrote:
    Beth wrote:
    I rent a fairly nice apartment in NYC with a private roof deck (and pay an applicable rent for this luxury). I just found out yesterday that the neighboring building will be doing city required repairs to the facade of their building - which will require my roof deck to be covered in protective material and be basically unusable for 3 months. Am I entitled to either a rent reduction from my landlord - or compensation from the neighboring building?
    I think the rent reduction should be between you and your landlord. Itwould be up to him to negotiate a recovery from the other entity.Remember, your contract was with your landlord so the other entity can'tviolate it.
    But the landlord says "As far as I'm concerned, you still have
    exclusive use of that section of roof. If someone else is preventing
    you from using it, take it up with him."

    Seth


  6. #6
    Member
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    Default loss of amenities = rent reduction?

    Seth Breidbart wrote:
    In article <om1p111i099nj7n9cljamc05vbf7u1lhej@4ax.com>, Paul Cassel <pcasselplustwo@comcast.net> wrote:
    Beth wrote:
    I rent a fairly nice apartment in NYC with a private roof deck (and payan applicable rent for this luxury). I just found out yesterday thatthe neighboring building will be doing city required repairs to thefacade of their building - which will require my roof deck to becovered in protective material and be basically unusable for 3 months.Am I entitled to either a rent reduction from my landlord - orcompensation from the neighboring building?
    I think the rent reduction should be between you and your landlord. Itwould be up to him to negotiate a recovery from the other entity.Remember, your contract was with your landlord so the other entity can'tviolate it.
    But the landlord says "As far as I'm concerned, you still have exclusive use of that section of roof. If someone else is preventing you from using it, take it up with him."
    I suppose then it'd be up to the renter to examine any law supporting
    his abatement possibilties and then pursue it if he felt he had a
    reasonable chance and the energy to do so.

    I think a great deal of weight would depend upon if the lease explicity
    stated that the tenant of this apartment had use of the roof space. The
    reason I suggested the tenant go after the landlord instead of the
    person causing the loss of use is that I'm unclear if the tenant had a
    leasehold. If it's mentioned in the lease, then he has such and also has
    standing to go after the maker of the nuisance.

    Like most posts here, we lack details needed for a detailed response.

    -paul


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