Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Basically there are no apartments below $1000 in NYC.
Also, this specific thread is about a rent stabilized apartment, which have the worst reputation since the landlords don't have incentive to keep them updated.
Actually I have cut myself a couple times on the razor sharp edges of the cabinet doors below the sink. But I never thought could make the landlord obligated to replace the whole unit. But now that the counter rust is peeling away and spreading (including to anything put on top of it for a significant amount of time), I was wondering if it could be considered a safety hazard that could obligate the landlord to replace it free of charge.
I don't know for a fact that you can use the hazard of your cutting yourself on the counter to force the LL to replace it. But it's certainly worth a try, isn't it?
Do it formally, though. Write a letter; don't just telephone or email.
well, maybe im way off, but i know if I "cut myself" on something that needed to be fixed in my apartment, id do something to remedy the situation asap.....it doesnt take rocket science.....
example would be, when i moved in to my apartment, i cleaned my bathroom tiles, and one small tile above the door was cracked, let me tell everyone that a cracked tile cuts like a razor blade....need I say more????
So.......I covered the cracked tile with clear tape, about three layers, so this accident would never happen again, it hasnt, and that was over 25 years ago.....
well, maybe im way off, but i know if I "cut myself" on something that needed to be fixed in my apartment, id do something to remedy the situation asap.....it doesnt take rocket science.....
example would be, when i moved in to my apartment, i cleaned my bathroom tiles, and one small tile above the door was cracked, let me tell everyone that a cracked tile cuts like a razor blade....need I say more????
So.......I covered the cracked tile with clear tape, about three layers, so this accident would never happen again, it hasnt, and that was over 25 years ago.....
Nevermind being proactive. Just put the responsibility on the LL.
Since all my immediate family lives outside the area, I probably will move eventually (which is not possible at this time). The kitchen sink and counter came with the apt. that I do NOT own and therefore NOT my responsibility to upgrade. So even if I could afford it, it is NOT mine to fix (or replace).
Again your post does NOT reply to my original question and therefore your judgment of a stranger is not relevant or helpful.
Ignore the judgmental folks. I thought your question was a good one about whether something would be considered a repair or a capital improvement for rent-stabilized apartments. I don't know the answer and I think the best bet is to talk to an expert on this. Also you never know. When you tell the landlord about the issue with the rust and sharp edge, they might just go ahead and repair/replace it without any mention of a rent increase.
If you do decide to replace anything, keep in mind that you are supposed to get your landlord's permission. Despite other people advising you to do it yourself, you might not have a choice. The landlord might insist on doing it themselves and then will raise the rent accordingly.
Be careful to distinguish between a repair and an improvement/alteration. Most leases prohibit alterations to the apartment without the landlord’s permission. Also, a landlord is generally entitled to control repairs to an apartment. However, if you have notified the landlord of the need for a repair and s/he has failed to respond, making the repair yourself may be appropriate.
With respect to improvements/alterations, you may want to consider a few options:
Approach the landlord with plans for the work and ask his/her permission to carry it out. Many landlords will refuse, since they won't have sufficient control over the construction and/or will not get any kind of rent increase if the work involves an improvement.
Ask the landlord to make the improvements and agree to pay an increase in rent. The Rent Stabilization Law allows landlords to increase the rent by 1/40th (or 1/60th in buildings with more than 35 apartment units, effective Sept. 24, 2011) of the cost of qualifying apartment improvements. However, when the apartment is occupied the tenant must agree in writing to the improvements and the rent increase. For more information, see DHCR Fact Sheet #12.
As to whether it's worthwhile to do improvements to the apartment, I think it depends. Rather than think about how it benefits the landlord, I would look at whether it benefits you. Let's say it costs $400 for the improvement. If you're in a smaller building, the landlord is allowed to raise the rent by 1/40 of the cost or $10/month. So is it worth it for you to pay an extra $10/month for the nicer sink? Yes, the rent increase will be in perpetuity but you can also reap the benefits of having nicer things.
It's a personal call based on your budget and priorities. I wouldn't just not do it because the landlord will benefit from higher income (also keep in mind that it will basically take the landlord 40 months to recover the cost before realizing a profit on this improvement).
Sounds like you're exaggerating. Like you're trying to wrap the right buzz words around your situation, in order to trigger a legal obligation.
You've cut yourself "a couple of times"? If you already know about this "safety hazard," why aren't you careful when using those cabinet doors? I'd think one cut would be enough.
I cut myself twice a long time ago and I have been careful since.
Quote:
Originally Posted by pierrepont7731
Am here to tell you there's no such thing as picking and choosing the responses you receive. Just because you don't like the responses doesn't make them "irrelevant".
Replies that are like personal attacks are actually against the City-Data forum rules.
Quote:
Originally Posted by moneymkt
Normally all appliances, cabinets, and floors are brand new when a tenant moves into a place for the first time.
Not true. I moved in an apt. that had the original fridge with an icebox (rather than a freezer) which was probably from the 1950s. Needless to say the landlord has been forced already 2-3 times to replace my fridge as the second-hand ones I kept getting broke down as well as the original one. My kitchen came with an old style stove, old kitchen cabinets (that did have fresh coat of paint them at the time) which some of knobs have now fallen off as well as the old metal cabinet under the kitchen sink with razor sharp doors and the bottom of which is quite rusty already (and this besides the rusty counter top).
Quote:
Originally Posted by roseba
I'm with you. I put major improvement into an apartment once, thinking I was going to stay in that apartment for a long time. Well the landlord came in, and saw how nice I fixed up the place and decided to claim it for himself. (Which is the only legal way to break the stabilized lease.) We were paying $957, when the going rate for apartments in the area that were NOT a train wreck was $1000.
So we moved, got an apartment that was really nice in comparison for $1000.
Lesson learned: Don't put money into someone else's stuff. Now that I am about to move into my own place, that I will own, I couldn't be happier. Every single penny I put into it, will be mine and for me... until I sell it.
Exactly one doesn't replace something in a rented apt. on their own. If one does without permission when one leaves they would have to restore the apt. back to the original format. But as written above it is not smart to invest in an apt. one doesn't own in general and the above proves that!
Quote:
Originally Posted by MC305
Ignore the judgmental folks. I thought your question was a good one about whether something would be considered a repair or a capital improvement for rent-stabilized apartments. I don't know the answer and I think the best bet is to talk to an expert on this. Also you never know. When you tell the landlord about the issue with the rust and sharp edge, they might just go ahead and repair/replace it without any mention of a rent increase.
If you do decide to replace anything, keep in mind that you are supposed to get your landlord's permission. Despite other people advising you to do it yourself, you might not have a choice. The landlord might insist on doing it themselves and then will raise the rent accordingly.
As to whether it's worthwhile to do improvements to the apartment, I think it depends. Rather than think about how it benefits the landlord, I would look at whether it benefits you. Let's say it costs $400 for the improvement. If you're in a smaller building, the landlord is allowed to raise the rent by 1/40 of the cost or $10/month. So is it worth it for you to pay an extra $10/month for the nicer sink? Yes, the rent increase will be in perpetuity but you can also reap the benefits of having nicer things.
It's a personal call based on your budget and priorities. I wouldn't just not do it because the landlord will benefit from higher income (also keep in mind that it will basically take the landlord 40 months to recover the cost before realizing a profit on this improvement).
It's a personal call based on your budget and priorities. I wouldn't just not do it because the landlord will benefit from higher income (also keep in mind that it will basically take the landlord 40 months to recover the cost before realizing a profit on this improvement).
tiles crack, it happens, it was easier to put the tape on it and call it a day, cant even notice it.
it wasnt the LL's fault the tile cracked, maybe we should blame the earth from making my apartment settle....
Was being sarcastic. Can see the difference between a tenant that is proactive, and one that wants everything free.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.