Skip to main content
Fulltext search
FILTER RESULTS BY:
RECOMMENDED IN RENT
Moving to NYC after college? Here's how to find a rental apartment
RECOMMENDED IN BUY
How buying real estate in NYC is unlike anywhere else
RECOMMENDED IN SELL
A guide to using a no-fee renovation loan from a NYC real estate firm
RECOMMENDED IN IMPROVE
How to make your NYC renovation more pet-friendly
BEST REAL ESTATE WEBSITE!
National Association of Real Estate Editors
BEST REAL ESTATE WEBSITE! National Association of Real Estate Editors
Brick Underground
Social Links
follow:
  • Facebook
  • Twitter
  • Instagram
  • Flipboard
  • search
Brick Underground
☰ Brick Underground
Brick Underground
Brick Underground
☰
Brick Underground
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
    An image of the top of a brick New York City apartment building, including its parapet.
    Design + Architecture
    Parapet inspections: What NYC boards and building owners need to know about Local Law 126
    A three-bedroom unit on the market for $1.525 million at Citylights
    Sales Market
    What’s a condop? What do I need to know about buying there?
    Apartment buildings on Park Avenue in Manhattan.
    Co-ops
    12 tough co-op board interview questions—and how to answer them
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
    Tenant protest outside Rent Guidelines Board preliminary vote
    Affordable Housing
    Rent Guidelines Board intends to raise stabilized rents for a fourth time
    image
    The Search
    Brick Underground’s Gross Rent Calculator: How to figure out the rent you’ll actually owe each month
    A kitchen with stainless steel appliances and counter tops and wood floor
    Roommates + Landlords
    11 things NYC landlords are required to provide, and 11 they’re not that might surprise you
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
    Madison avenue and East 67th Street, Manhattan, New York City
    Sell
    Median sales price for Manhattan co-ops and condos jumps to $1,165,000
    new condo building and older co-op buildings in Prospect Heights, Brooklyn
    Sell
    Brooklyn median price nears $1 million but the spring market is a question mark
    View of NYC condo buildings from New Jersey
    Sell
    Private listings: What NYC sellers and buyers need to know about the off-market controversy
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    big apple moving NYC
    Troubleshooting
    How can I save money when hiring a moving company in NYC?
    Sponsored By Big Apple Moving
    big apple moving van
    Products + Test-drives
    What’s the best way to pack up my apartment for a move?
    Sponsored By Big Apple Moving
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
    An image of the top of a brick New York City apartment building, including its parapet.
    Design + Architecture
    Parapet inspections: What NYC boards and building owners need to know about Local Law 126
    solar panels on a small house roof
    Design + Architecture
    Simple Yet Powerful Steps To Turn Your Apartment Eco-Friendly
    Sponsored By Ecoflow
    This is a photograph of a street in the Upper West Side in NYC viewed from the Summit in Central Park through bare tree branches.
    Renovation
    Fewer buyers, steeper rents, and costlier renovations: How tariffs could impact NYC real estate
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
    Burned and Boarded Up Windows
    When should your board hire a public adjuster?
    Manhattan GM
    What should we consider when renewing insurance for our building?
    Facade of NYC buildings
    How much is insurance on a NYC co-op or condo building?
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    big apple moving NYC
    Troubleshooting
    How can I save money when hiring a moving company in NYC?
    Sponsored By Big Apple Moving
    solar panels on a small house roof
    Design + Architecture
    Simple Yet Powerful Steps To Turn Your Apartment Eco-Friendly
    Sponsored By Ecoflow
  • Brick Report
  • About Us
  • About Us
Email Address
Fulltext search
FILTER RESULTS BY:
New Main menu
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
  • Brick Report
  • About Us
    • About Us
    • Advertise
  • About Us
SUBSCRIBE TO OUR NEWSLETTER →
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Ask Altagracia [ SPONSORED ]

Ask Sam: A leak from the unit upstairs flooded my apartment, but the landlord is blaming me. How can I keep my security deposit?

  • A leak is always the landlord’s responsibility unless the tenant damages the plumbing somehow
  • Renters can bring an HP proceeding against the landlord to force them to make repairs
  • You’re entitled to a rent abatement and property damages if you can show the owner was negligent
By Himmelstein McConnell Gribben & Joseph LLP  | December 7, 2022 - 12:30PM
image

“There is no possible scenario where you would be responsible for painting and cleaning up after damages caused by a leak. That’s completely the landlord’s responsibility,” says tenant attorney Sam Himmelstein.

iStock

SHARE:
Share to Facebook
Share to Twitter
Print
More...

The unit upstairs caused a flood in my apartment and my things were damaged. The landlord’s plumber claims he couldn’t find any leaks, but I have proof water was dripping into my place. I want to move, and the landlord will let me out of my lease, but says I’m responsible for painting and cleaning everything. I’m worried he’ll try to keep my security deposit. What can I do?

First of all, you could stay put if you wanted to—and you’re probably entitled to a rent abatement, says Sam Himmelstein, a lawyer at Himmelstein, McConnell, Gribben & Joseph who represents residential and commercial tenants and tenant associations. 

“This leak breaches the warranty of habitability, and a leak is always the landlord’s responsibility unless the tenant damages the plumbing somehow,” Himmelstein says. “You can withhold your rent to pursue the abatement and bring an HP proceeding against the landlord to force them to repair the leak and any resulting damages.”

You’re also entitled to a rent abatement and could recover your property damages if you can show the landlord was negligent, Himmelstein adds, but a property damage claim would require you taking on a third case in either small claims or civil court.

If you just want out of the apartment—and to get your security back—you have a few options.

“Normally I’d say withhold your last month’s rent if the landlord is threatening to go after your security, but you may have already paid that,” Himmelstein says.

There may also be language in the termination agreement you made with your landlord stating that the early lease termination is conditioned upon you being current with your rent payments, which would make it difficult to hold onto the final month of rent.

However, you should be able to get your money back by holding your landlord to the security deposit laws, which require him to conduct an inspection of the apartment and issue you an itemized list of damages beyond ordinary wear and tear that you will be charged for. He must also return whatever remains of your deposit within 14 days of you vacating the apartment.

“If the landlord doesn’t do all this, they’re barred from withholding the security deposit,” Himmelstein says.

And if he doesn’t comply with the law, you can file a complaint with the Attorney General’s office. Suing in small claims court is also an option, although this can be very time-consuming.

“I recommend going to the Attorney General’s office, because I’ve heard it’s effective—they can’t order the landlord to refund you, but landlords don’t like being hauled into a law enforcement agency,” Himmelstein says. “Small claims court can take forever, and it may not be worth the time and effort.”

Finally, don’t worry about cleaning and repainting before you move out.

“There is no possible scenario where you would be responsible for painting and cleaning up after damages caused by a leak. That’s completely the landlord’s responsibility,” Himmelstein says. “Your responsibility is to repair any damage caused by you and leave the apartment in broom-clean condition, with all possessions removed.”

Related: 

Ask Sam: We deducted the cost of an emergency repair job from our rent, but our landlord insists we owe him. Is he right? (sponsored) 

Ask Sam: What are my rights as a NYC renter in a market-rate apartment? (sponsored) 

Ask Sam: Repairs are forcing me to move out for a month. Should my landlord pay me to relocate? (sponsored)

Read all our Ask a Renters Rights Lawyer columns here.


Sam Himmelstein, Esq. represents NYC tenants and tenant associations in disputes over evictions, rent increases, rental conversions, rent stabilization law, lease buyouts, and many other issues. He is a partner at Himmelstein, McConnell, Gribben & Joseph in Manhattan. To submit a question for this column, click here. To ask about a legal consultation, email Sam or call (212) 349-3000.

Alanna Schubach

Alanna Schubach

Contributing writer

Contributing editor Alanna Schubach has over a decade of experience as a New York City-based freelance journalist.

SEE MORE BY Alanna Schubach »
Brick Underground articles occasionally include the expertise of, or information about, advertising partners when relevant to the story. We will never promote an advertiser's product without making the relationship clear to our readers.

topics:

Ask Altagracia flood landlords leaks security deposit tenants tenants' rights
SHARE
TWEET
BRICK’S PICKS
Historic brick facades of NYC apartment buildings
Getting overcharged by a landlord? Here’s how the Tenant Protection Unit helps rent-stabilized tenants
Apartment buildings in Soho
New Rent Guidelines Board report justifies a rent freeze, tenant advocates claim
Brooklyn apartment buildings
Understanding net effective rent: Here's how to calculate your real monthly rent
image
How much should you renovate your NYC apartment or house before selling?
Council Member Shahana Hanif hold press conference before the City Council vote on Arrow Linen spot rezoning.
City Council signs off on 10-story towers for Arrow Linen site
couple standing close, only jeans-clad legs showing
Can my boyfriend claim ownership of my condo if we break up?
Follow Brick on Instagram
@brickunderground | #brickunderground
Brick UndergroundBRICK UNDERGROUNDREAL LIFE. REAL ESTATE. REAL NEW YORK.
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Main menu footer
  • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide

Get more news you can actually use...

Email Address

Delivered to your inbox weekly - for free.

*By signing up you agree to receive occasional emails on behalf of our sponsors

Footer Menu
  • About Us
  • Advertise

Copyright 2009-2024 by BND Ventures Inc | Privacy Policy | Terms of Service | Ad Choices | Login