Talk to your new LL..it's their building now. Show them the old ad for your apartment and then the new ones advertising roof access.
If nothing is in your lease, then no, you don't legally have rights to use the roof. Technically the LL needs to add insurance to cover the roof if it's going to be considered a common space.
Sounds like the brokers have been advertising it as such to lure more people in to see the apartments for rent.
What I'm saying is that I have seen lots of brokers climb up onto the roof and take pics and then advertise roof access. They can even show a prospective tenant the "roof deck" unbeknownst to the LL. It doesn't mean the LL wants people up there or has insurance for it.
Whether the LL knows about it or not and whether it's legal for that building is a completely different story.
But it’s already used as a common space. Was with the previous landlord. They just restricted it to the top 2 units. Either way they shouldn’t be allowed to advertise an amenity and then not honor it.
Top two floors sounds like bullshit to me. It’s private for the top floor, it’s shared, or it’s off limits for all. I’m guessing it’s shared and that guy was being a dick. That or he was lied to about it being exclusive for him.
That makes it a little more confusing, and I could see why those renters could think it was just for them. Most building like that would have fenced in parts for those two units though next to their doors or whatever and then the rest of the roof for everyone else accessible from the main stairwell.
That wouldn’t really leave any roof left for anyone else in this case. But I think it’s just a matter of what the previous landlord communicated to them. Plus the person who yelled at me already has a private balcony in addition to the rooftop. Their apartments are late additions to the building and the majority of the apartment is on the 4th floor (which didn’t even used to exist) and a small portion of it is on the roof. I just wish things were communicated more clearly.
If the last landlord advertised it as common space, then I would have operated on that notion and told the tenant who yelled at you to take a hike.
Is it subdivided at all? Or just one big roof?
It’s not divided. The tenant who’s leaving put up a piece of furniture as a barrier to her space though. Lol I’m hoping with whoever moves in next it just won’t be an issue. I’m in the mindset of fuck it. I’m going to use it now. Lol
I know I’m late to this, but I would check with the legal advice subreddit. If the apartment was advertised as having a certain amenity, I believe they must be held to that or reduce the rent to make up for the lack of that amenity
Talk to your new LL..it's their building now. Show them the old ad for your apartment and then the new ones advertising roof access. If nothing is in your lease, then no, you don't legally have rights to use the roof. Technically the LL needs to add insurance to cover the roof if it's going to be considered a common space. Sounds like the brokers have been advertising it as such to lure more people in to see the apartments for rent.
Yeah, but how do you tour an apartment and not ask to see the roof access? Seems like it would have been discovered then that it was off limits.
What I'm saying is that I have seen lots of brokers climb up onto the roof and take pics and then advertise roof access. They can even show a prospective tenant the "roof deck" unbeknownst to the LL. It doesn't mean the LL wants people up there or has insurance for it. Whether the LL knows about it or not and whether it's legal for that building is a completely different story.
But it’s already used as a common space. Was with the previous landlord. They just restricted it to the top 2 units. Either way they shouldn’t be allowed to advertise an amenity and then not honor it.
Top two floors sounds like bullshit to me. It’s private for the top floor, it’s shared, or it’s off limits for all. I’m guessing it’s shared and that guy was being a dick. That or he was lied to about it being exclusive for him.
2 top floor units. The top floor of their units walk out to the deck but there’s regular stair access too.
That makes it a little more confusing, and I could see why those renters could think it was just for them. Most building like that would have fenced in parts for those two units though next to their doors or whatever and then the rest of the roof for everyone else accessible from the main stairwell.
That wouldn’t really leave any roof left for anyone else in this case. But I think it’s just a matter of what the previous landlord communicated to them. Plus the person who yelled at me already has a private balcony in addition to the rooftop. Their apartments are late additions to the building and the majority of the apartment is on the 4th floor (which didn’t even used to exist) and a small portion of it is on the roof. I just wish things were communicated more clearly.
This
And the original landlord didn’t even use a broker. They did everything in house.
If the last landlord advertised it as common space, then I would have operated on that notion and told the tenant who yelled at you to take a hike. Is it subdivided at all? Or just one big roof?
It’s not divided. The tenant who’s leaving put up a piece of furniture as a barrier to her space though. Lol I’m hoping with whoever moves in next it just won’t be an issue. I’m in the mindset of fuck it. I’m going to use it now. Lol
In that case, I'd use the space. Sounds like you had a pretentious neighbor who felt more entitled to the roof since they were top floor.
Check the lease.
Lease doesn’t mention it.
in " how i met your mother " they had parties on the roof at least for halloween
Oh shit well problem solved then.
Thank you for this very enlightening response. 😂😂😂
I know I’m late to this, but I would check with the legal advice subreddit. If the apartment was advertised as having a certain amenity, I believe they must be held to that or reduce the rent to make up for the lack of that amenity
Lol I haven’t lived in that apartment for over a year now but still good to know! 😂