My building elevator is going to be out of service for repair..can i get reduced rent? (apartment, leases)
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My wife and I live in the upper east side in a one bedroom apt on the 7th floor of a 7 story building. We have been told by sources (not official yet) that our elevator may be taken out of service for repairs/replacement for about 3 months. Do we have a case to demand lower rent for this time period when it happens? What do you think the market rate is for a one bedroom 7 story walk up?
Last edited by Winkdaddy; 07-12-2010 at 02:58 PM..
Legally no, You can ask but most leases have a clause excluding any rent reduction when repairs inconvenience the tenants. If you can offer up any evidence that you were dependent on the elevator for some medical reason pre-shutdown then maybe you might have a constructive eviction leg to stand on. The only other option under RS rules it if the repair is not down in a timely fashion. Very hard to prove and honestly if they say 3 months look for at least 4 or 5. I'm in my second elevator renovation. First one was simple, replacing a cracked drum on an old drum machine (illegal now in NYC} 4 months. Second one is replacing the entire machine and shaft, going on now 1 year and 3 months, still another 4 or 5 months away from finish. Should never of decided on cement block, what a nightmare given the criminal activity of the concrete testing people.
no, are you kidding, you just have to suck it up and deal with it, ike all the other tennants.
Would you rather the elevator be unsafe, and fail......
It's not the end of the world to walk up stairs......really?????
07-13-2010, 06:52 AM
grant516
n/a posts
The OP's rent is to cover their expenses for their building- that includes the elevator.
Don't you legally need to have an elevator in a 7+ story building?
The OP's rent is to cover their expenses for their building- that includes the elevator.
Don't you legally need to have an elevator in a 7+ story building?
I think they should be entitled to something.
They should be entitled to an elevator that works properly and safely. Would you want to live in a building where the management didn't make repairs as necessary?
But hes not saying that management shouldn't make repairs (I assume hes not). Im sure he wants it repaired but while in the process of repairing which is 3 months (thats a long time) he has a legitimate case to argue for rent reduction especially if a person is an elderly and can only take elevator.
You could ask for a reduction for the inconvenience, or you could request that they hire a temporary porter service to assist with groceries and packages that tenants would have to carry up the stairs, but you can only ask, and see what the management offers. And, if it's not official, perhaps they are working on a contingency to assist tenants, especially since no building wants to lose a good tenant over an inconvenience.
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Do us drivers get a discount in bridge tolls when construction is being performed which creates a traffic jam which is an inconvenience? NO. So the OP is not entitled to anything. And just like the other posters said...at least they are on top of the elevator maintance instead of it falling apartment while you're in it. Suck it up OP! Life isn't always fair.
Ok, Ok, Ok...I wasn't asking for them NOT to make the reparis, just if it was common for buildings to reduce rents in these cases where our floor would have to walk 7 stories every day for 3+ months. I am new to NYC, so want to get a feel for how this sort of thing works....I suppose there is no harm in asking them to lower it a few hundred bucks and see what they say.
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