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Upstairs neighbor intentionally leaves window open, causing rain to pour into my bathroom.

Buffalo, NY |

Since the beginning of May, when the Buffalo snow turns to rain, I had problems of water leaking into my bathroom through the window frame. The landlord asked the woman upstairs to close her kitchen window. She said she would, but didn't. She had an AC unit in the window and refused to move it. When it got really bad and she was out of town, maintenance removed it from the window. After she returned she got management to agree to set up something so she would feel comfortable with the AC in a different window. She is paranoid bats will get in and demanded something to prevent that. They did the work, moved the AC, but the water hasn't stopped. She leaves the window open, even in the rain and I have to use an umbrella to use the bathroom. She knows what her actions are doing. Help

Attorney Answers 3

Posted

Request inspection from department of building for water leak. Then request landlord to resolve the problem. Landlord will need to resolve it by suing other tenant.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

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3 lawyers agree

Posted

Speak to the landlord.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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2 lawyers agree

Posted

I agree with my colleagues. Be the squeaky wheel and pursue all avenues.

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