Landlady charging me for damages that were not my fault (NYC)
Hi there. I would really appreciate any help here.
Basically, I filled the bath tub, it did not overflow, the water was contained inside the bathtub and then the neighbors downstairs 10 minutes later complained that their ceiling was flooded with water. While the bathtub had water in it, the water level was slowly getting lower.
My landlady is claiming that I let the bathtub overflow and that's why there was flooding, because in her mind the water on the floor leaked through cracks in the floor. But this is just speculation on her part because she was not there.
edit: EVEN if the water had leaked through the floor, isn't it still a floor that needs to be repaired cause water is leaking through it?
Does she have grounds to actually charge me for this considering she doesn't have any proof that I let the bathtub overflow?
How should I proceed in this situation? I have thought of withholding rent until she fixes the plumbing issue in my unit since we do not have a working bathtub that holds water.
I'm also considered bringing her into my unit, recording the entire encounter, and showing her that the bathtub level is lowering on its own, then asking her to take me downstairs to check the leaking. I offered to show her today but she refused and asked to do it Monday. This makes me worry because I am thinking that she might do repairs this weekend then claim it was fixed all along.
Please help.
Posted Jan 16, 2020, 4:11 PM UTC · edited
Don't "even if" this. There was either water overflowing the tub or there was not. If it was, then it is in full or in part your fault. If it was not overflowing the tub and you were using the tub properly, then you are not. Stick with one story (the true story) and do not play hypotheticals.
The easy (but too messy) way to test is to fill the tub again (properly) and see if the neighbors get wet again. Since that's a bad idea. a plumber should be able to assess the situation.
She can try to charge you whatever she wants. If you don't agree to pay, then she would have to convince a judge.
Thanks, I will not even broach that hypothetical.
How would she even be abled to convince a judge considering she has no conclusive evidence that the bath flooded?
What would be the repercussions if I just fill the tub like a normal person and record it and use that as evidence when the neighbors get wet? She told me after all that the tub is fine and refuses to have someone look at it because she’s convinced that I let it overflow.