Broken pipes are forcing me out of my apartment. Can I get my co-op board to buy me out?
Herrick partner, Bruce Cholst, was quoted in a Brick Underground article that answered a question a reader raised about heating pipes bursting and damaging the floors of a co-op unit, forcing the tenant to leave the apartment for repairs. They ask if they have the right to ask the co-op board/management to buy them out so they can relocate and what that process would look like.
The article notes, "One option is to threaten to sue. You could argue that the damaged pipes are so intolerable that you’re essentially forced out of your apartment. It’s best to consult with an attorney before considering this course of action, says Bruce. That attorney could then send a letter to the board laying out the maintenance problem, stating that you intend to sue, and give them a deadline to respond."
The piece concludes with, "If you move forward with this plan, you should be prepared to follow through on your threat, Cholst says. Litigation is a time-consuming, expensive, and extreme option, so don’t make this decision lightly."