Rent

My landlord stole my roof deck

Share this Article

2020
BRICK UNDERGROUND’S
Holiday Tipping Poll
Holiday Tipping Poll
How much do you plan to tip the building staff this year?

It is possible that only a NYC apartment dweller emerging from a long, cold winter can fully grasp the depth of the tragedy depicted by these before-and-after photos posted on Brownstoner.com's forum yesterday. A renter's roof deck retreat (left) has been ripped out and returned to its natural tar-beach state by the landlord, who isn't going to replace it. It seems there was water damage to the apartment below.  The deck--built, perhaps illegally, by the landlord--was a major reason for renting the apartment in the first place, and the tenant wants it back.  

But does the landlord have to?

Brownstoners say the answer is a resounding "no" if use of a deck isn't in the lease. If the apartment were advertised with a deck, a tenant could go after some satisfaction (rent reduction, for example), suggests one commenter, but it would be costly and winning, unlikely. Moral of the story: Make sure the outdoor space is included with the lease.

(Brownstoner.com)

For related posts: 

How high is too high for a roof deck?   

Deck envy

Drawbacks to high-rise life

Birth of a roof deck

Is it okay to put a common roof deck near a private terrace?