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
    Towers on Billionaire's Row
    Buy
    I received a pied-à-terre tax notice for my primary residence in NYC. How do I fight this?
    Manhattan apartment towers
    Sell
    Manhattan and Brooklyn sales listings trend in opposite directions
    A sponsor co-op apartment, #10C at 645 West End Ave.
    Co-ops
    The pros and cons of buying a co-op sponsor unit: No board approval required, but you'll pay a premium
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
    NYC apartment buildings
    Rent
    Landlords suing to reverse Rent Guidelines Board’s rent freeze face an ‘uphill battle’
    Columbia University's Low Library in Morningside Heights, NYC
    Rent
    Why I moved to NYC from India: To attend Columbia Business School and advance my career in technology
    A studio with a view at 5241 Center Blvd. is available as a re-rental.
    Affordable Housing
    Land an affordable, rent-stabilized apartment in a new development without entering the Housing Lottery
    Sponsored By TF Cornerstone
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
    Manhattan apartment towers
    Sell
    Manhattan and Brooklyn sales listings trend in opposite directions
    Views of the East River and the Manhattan Bridge from lower Manhattan, NYC.
    Sell
    Median price for Manhattan co-ops and condos hit $1.25 million in second quarter
    Residential towers in Brooklyn
    Sell
    Median sales price for Brooklyn condos jumped to $1.49 million in the second quarter
  • 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
    The 1899 Henry Schwarzwalder House at 24 West 76th St.
    Live
    The 1899 Henry Schwarzwalder House at 24 West 76th St: Decorated with Beaux Arts details and raided by Hoover’s FBI agents
    The Dr. Herman B. Sheffield House - 127 West 87th Street
    Live
    The 1881 Dr. Herman B. Sheffield House at 127 West 87th St: A narrow home with exuberant decoration
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
    Gallery KBNY apartment combination
    Renovation
    Combining two NYC apartments: Why a pre-purchase assessment is the key to success
    Sponsored By Gallery KBNY
    88 Central Park West
    Renovation
    How to navigate window replacement at a landmark building on Central Park West
    Sponsored By Window & Door Pro
    Manhattan apartment building exterior with AC units
    Renovation
    9 hacks to lower your NYC energy bill during a heatwave
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    88 Central Park West
    Renovation
    How to navigate window replacement at a landmark building on Central Park West
    Sponsored By Window & Door Pro
    Buildings in Soho, NYC
    Rent
    Ask Altagracia: Our rent-stabilized building is being converted to condos. What are our rights?
    Sponsored By Outerbridge Law P.C.
  • 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: I’m being blamed for a leak that isn’t my fault. How do I get my landlord to fix it?

  • Under the warranty of habitability, landlords are required to keep apartments in good working order
  • Be absolutely sure you’re doing nothing to cause the leak; you want to avoid being taken to housing court
By Himmelstein McConnell Gribben & Joseph LLP  | August 30, 2023 - 2:30PM
Plumber removes old dirty silicone from tub, cuts silicone adhesive with cutter

Your landlord is legally obligated to repair the leak. 

iStock

I’m a rent-stabilized tenant being blamed for a leak that isn’t my fault. Whenever I use my bathtub, it leaks into the apartment below me. A plumber told me the tub needs to be regrouted and re-tiled, but the super and landlord insist I’m somehow causing the problem. How do I convince them otherwise and get them to fix it?

Your landlord is obligated to keep your apartment in good enough repair that it doesn’t cause major problems for you or your neighbors, says Sam Himmelstein, an attorney at Himmelstein, McConnell, Gribben & Joseph who represents residential and commercial tenants and tenant associations.

“This is required under the Warranty of Habitability, which guarantees tenants the right to a safe and livable apartment,” Himmelstein says.

However, he cautions, it’s important to be absolutely sure you’re doing nothing to cause the leak yourself. Tenants have been evicted in the past for repeatedly causing water damage to neighbors’ apartments. He cites one case in which a woman kept falling asleep in her bathtub with the water running, leading to major damage to a downstairs unit. Even though the leaks were unintentional, she was taken to housing court and ultimately evicted.

If you’re confident there’s nothing you can do about the leak and the bathtub needs to be repaired, start keeping a record of the problem when it arises.

“Write to the landlord about the history of this issue, and tell him that if he doesn’t fix the problem, you’re going to file an HP action in housing court,” Himmelstein says.

An HP action compels landlords to make necessary repairs when they’ve neglected to do so. Tenants do not need lawyers to file one in housing court. And since you’re rent-stabilized, as long as you continue to occupy the apartment as your primary residence, you’re guaranteed to a lease renewal, so your landlord can’t retaliate against you for filing the case.

You might also want to talk to your downstairs neighbor who’s being affected by the leaks.

“Let them know it’s not your fault and you’re trying to get the landlord to fix it,” Himmelstein says. “The neighbor might even want to join you in pressuring him to do something about it.”

Related: 

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

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: 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 leaks rent regulation tenants' rights
SHARE
TWEET
BRICK’S PICKS
Manhattan apartment towers
‘Central air or bust’: Many NYC luxury buyers will not consider listings without central AC
Roommates seated on a couch having an argument
How to kick a roommate out of your NYC apartment
Residential towers in Manhattan
What do changes in the Climate Leadership and Community Protection Act mean for NYC co-op and condo buildings?
Governor Kathy Hochul signs new budget
Hochul signs $269 billion budget with new pied-à-terre tax for NYC
New residential buildings in Long Island City, Queens
Changes to lending rules from Fannie Mae and Freddie Mac alarm NYC condo buildings
Governor Kathy Hochul announces proposed a pied-à-terre tax
Hochul unveils new pied-à-terre tax on NYC luxury second homes
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 | Powered by Mortar CMS, the AI CMS