I am an Apartment renter. The landlord agreed to replace my bathroom sink (I have only one bath). It took them 56 days to install the new sink after they removed the old one. So I went 56 days without a bathroom sink.

Can I sue the landlord in small claims court, for a refund, or partial refund in rent?
This happened December 2013 / February 2014.

Thanks!

Do you know of any specific code that was violated? Do you know why it took so long? What did you do during that time to get the work done?

Anyone can sue for anything. The question is can you win. And without knowing the full circumstances, we can't answer.

First, I assume, there may be a code, you need a bath room sink, but one can wash hands in tub. I really see no case here, Without more details, what and how many letters were written, was any demand for reduced rent made, in writing, at the time this occoured

Next how was it broken, what was wrong with it, And, since sinks, normally do not just break, who or what caused it to break

So I went 56 days without a bathroom sink.


Did you have a kitchen sink? If so, you still had a sink to wash your hands and brush your teeth.

The issue here is that your water was not cut off, you had access. You were inconvenienced for a time, but you still had access to hygiene.

J 9, yes I did have a kitchen sink.

Here is some info I found.

Habitability
Tenants have the right to safe, sanitary and decent housing. Residential leases carry an "implied warranty of habitability." This means that a landlord has a duty to maintain the rental unit and keep it fit for residential purposes throughout the entire term of the lease and that the landlord must repair damage to vital facilities.

§ 5:28-1.4 Facilities
(a) Every dwelling unit shall contain a kitchen sink of nonabsorbent impervious material, at least one flush type water closet, a lavatory, and a bathtub or shower, available only for the use of oc-cupants of that dwelling unit.

Try suing them and you can expect to not have your lease renewed when it expires. And if you are month to month. You might find yourself moving a lot sooner than planned. Win or lose.

You have a lot more to lose than you have to gain is the point I'm getting at.

You have a working toilet, you have a tub, you have sinks else were in the house, you have water, electric and the walls and roof aren't falling in and leaking. No rat infestation and Roaches aren't carrying out your furniture.

Fit for habitation doesn't mean perfect....and minor inconvenience's are to be expected occasionally without compensation.

If at any time during that period...you refused access to the repair people, your chances of prevailing would have significantly decreased.

The cited code is not enough. Without knowing why the delay and what you did about it, there could be enough to tip the scales towards the landlord. Frankly, what you might get in terms of a partial refund for not having a bathroom sink isn't work the trouble.

Chuck, the sink was not broken, they were upgrading. They came to install a vanity and sink and on the day of, they said the new sink had a crack in it and a new one was on order. And apparently they lost records of my needs.

When they were here on Dec 13, 2013 I was told by maintenance, that the new sink was on order and with the holidays at hand, I had other concerns. Then when the New Year hit, I and some personal problems, so I never called them to find out what the problem was on their end until mid January 2014. When I called them, they said they were unaware I had no bathroom sink.

smoothy, do you feel a person should pay full rent for an Apartment that had no bathroom sink for 56 days? As far as lawsuits go, this complex files for eviction if you are 2 weeks late with the rent. Once they file, they add late fees and attorneys fees to your rent. They don't play games when the law is on their side.

I even got a letter from their Attorney to Cease and Desist when my girlfriend left a bag, with what was emptied from my vacuum cleaner, on the back patio. The letter stated that I was a disorderly tenant. Here is the kicker, I have been a resident here for 26 years.

46704

Ok, so they were upgrading, the sink they wanted to install had a crack, so they couldn't install it. For some reason they couldn't put the old sink back.

Given the time frame, it was reasonable that a new sink wasn't available and not necessarily negligence on the landlord's part. You apparently, were not so upset at it that you failed to follow up.

So have you asked them for a rebate since you were without the sink? Have they refused? Do you think it was willful negligence on their part to lose the work order? I really think you will have a hard time winning such a case and, if you want to remain there, it would be counterproductive to pursue it.

And why shouldn't they file for eviction if a tenant is late? And why shouldn't they try to keep the grounds clean and cite tenants who don't help?

Yes I think they should reimburse you for losing the paperwork. But only at 15-20% since that is how much space you lost. But I don't think a court will require them to.

I have been both tenant and landlord in my 68 years. I am now neither, but have my own home.
I'd give you a 20% chance of winning something in Small Claims (and if you lose, you are out the filing fee). And I'd give you a 90% chance of your lease being terminated at the end of the term. If you have a strong tenant rights group where you live, you might protest the termination on the grounds of being singled out after 26 years.
Of course you don't say where you live, and 'water closet' is not a common American term, so I don't really know.
Some things are worth the time, money, and emotional grief, and others aren't.
You decide.
I don't think it is.
Something like this I would save as a chit, in case you really have something go wrong.

I'm with Scott on this as well. DO I think its OK? Well stuff happens sometimes, without knowing the specifics it is possible that they couldn't reverse the work when they discovered the new one was cracked. (Like a larger hole had to be cut in the vanity).

This was unavoidable... and a variety of issues combined to create the situation... they weren't responsible for all of them. 56 days without a bathroom sink isn't a huge inconvenience. I did without most of a kitchen for 4 months while I was remodeling my house. Washing dishes in the bathtub is a much bigger inconvenience. With Upgrades in units... I can guarantee you the Building Engineers probably had a HUGE punch-list top work through, the more tenants involved the more problems they had. One of the reasons many wait until a unit becomes vacant before doing upgrades when at all possible. Things occasionally go wrong. Just so you know... I was a renter for 16 years, I've dealt with busted frozen pipes in winter, flooded basement as a result... and a soggy living room carpet where the pipe busted... wasn't landlords fault.. he did what he could as fast as he could given the circumstances. We understood and cut him a break because he had done right by us many times before.. (and did many times after).

Do I personally think its worth pursuing? Nope. Its not the same as a busted window they refused to address, of a leaking pipe or worse. I still think whatever little you might gain in a suit will be far offset by the moving expenses after they decide they don't want a litigious tenant living there. Which they can do in most of the country as soon as your lease expires, or a LOT sooner if you are month to month.

Back when I was a landlord (along with my parents on my Grandmothers old house we rented out before deciding to sell it)... any tenant that gave us crap... we got rid of as soon as we could legally.

I can see their reasoning on the bag. It was highly visible...highly unsightly, and if they let one person get away with it then you soon have many doing it and in no time there are cars on blocks and old couches on the patio. (That last part was tounge in cheek if you see what I'm saying)