Is landlord wrong?

Question

Ok, so I moved into my apartment in upstate NY in October of 06. I asked my landlord to please replace the screens in the windows because they were all missing. She asked me why I needed screens. I wasn't expecting to have to explain, but I told her i wanted to be able to open my windows for fresh air. I also mentioned I had a two year old and having no screens is pretty scary. She then said screens aren't made to keep children in. Now, I realize this, but having a screen in between my baby and a third story fall is something I want. I don't think she would ever try to climb out the window, but it would be nice to have something to dter her from trying.....like a screen. Is there some kind of regulation that there should be SOMETHING in the window of a third story apt that is occupied by a family with a toddler?? Please help.

Ok, it is more about keeping bugs and birds out than keeping my baby in. I am in the process of getting window guards for my windows so she will not be able to get out. But I still would like screens.

Answer 1

If there was a law it would probably require bars or something that would actually prevent a small child from going thru the window. I do not think a law like that will get you screens on your windows. It might get the windows nailed shut. That would be the cheapest way for the landlord to fix the windows so that a kid cannot get thru them (unless the kid breaks the glass of course).

I am not sure you can make your landlord put screens up on the windows. I have never heard of a law that would require this. Screens are not essential to living in the apartment. Proper electrical installation, running water, heating and cooling, working appliances, and things like that would be considered essential. You cannot be expected to live in a place that did not have those. You can live in a place without screens.

Now, if your child did get out a window and get hurt, then it is possible to sue the landlord for not making the windows child safe. I would not make this threat though. It will quickly sour the relationship you have with the landlord. Also, it would probably just force the landlord to put bars on the windows or fix the windows so they do not open. In any event, I do not see you getting screens put up in the name of child safety.

I looked online and found the New York Tenant's Rights Guide. There is a part in there that requires window guards to be installed in places where a child 10 years or younger lives or if the tenant asks for them. I do not know what the definition of a window guard is though. It might be screens but I am betting it is something a bit stronger.

http://www.oag.state.ny.us/realestate/habitability.html#22

Ok, I looked up a company that provides Window Guards in New Jersey. I think this is what the law is specifying.

http://www.homesafehomenj.com/WindowGuards.html

Answer 2

We live in a 9 story apartment building. We NEVER open a window a baby could crawl out of, or toddler could climb out of.

Look. You may want the screens, and it may be a good idea, but your argument is bogus. You need to take it from a different angle.

You the mother, not the landlord are responsible for the safety of your child. A screen will do almost nothing to protect it from falling out a window. You are just kidding yourself.

Is the landlord liable for an outlet that you fail to put a safety plug into? Is the landlord responsible for an oven or stove-top that you fail to keep your child away from? Is the landlord responsible for the stairs that you fail to keep your child from?

You are now arguing from emotion and not logic. If possible, re read your post logically and objectively and you can see how you wind yourself up. You go from argumentative, to incredulous, to angry.

The landlord asked you to explain, you came up with the first answer that came into your mind, but it was a bad argument. You lost this round with the landlord.

Try again.

Answer 3

I don't know about a screen, but if I lived in a third story apartment, and wanted to keep my toddler safe from falling out of a window, I would take it upon myself to get some sort of safety gate or something made for that purpose. Don't wait on your landlord to provide screens, that probably won't prevent a fall anyway......it could save your child's life.

Answer 4

In most citites and states it is a requirement in order to rent that screens be in place in windows that are designed to handle them. If they are not present, the landlord could be fined. At the very least they would be liable if your child did fall out of the window. (allthough I'm not 100% convince they always should be.. depends on the circumstances... like was the child left alone... but that would be for a jury). In any case, the landlord would have a mess of legal problems.

Every state and area is different so contact your state attorney general's office. Most publish some type of tenants rights document. Many states require this be provided to the tenants when they sign the lease. I believe NY might be one of them.

Tiller

Answer 5

I don't know if I would have mentioned the safety factor for the baby (from falling) because you are right, it won't make the difference.
However, the other thing you could consider thinking about is not keeping something in, but something out.
Without screens, you could be getting bees, flys, mosquitos and bats in your apartment, which may go into common areas.

So, it's for all the tenant's best interest that your landlord complies. It seems like a reasonable request, but truly, only your local gov't authority on tennant/landlord would know for 100%

Answer 6

Screens are usually the landlord's responsibilty, but they hate doing it, because they get messed up so easy.

They probably took them off for a reason, like they didn't fit right or kept falling off.

So what you are really asking them to do is not just put up the screens, but to have new screens made to fit the windows for this apartment and installed.

Your best bet is in your lease agreement, check it carefully, and see if it mentions screens.

Answer 7

Yes your landlord is breaking fair housing laws left and right. If every other apartment has screens and she is withholding screens from your apartment, she has a huge lawsuit coming her way. You could say she is sexist or racist. She better watch out. If she doesnt do the simple work order of putting screens up find a fair housing lawyer, and take all of her companies money!

Answer 8

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