Nightmare in the Bathroom
She went viral on TikTok for finding a hole in the wall. Does her landlord have to fix it?
Every week in my newsletter, I answer a legal question from readers.
This week’s question comes from Shannon via text.
Shannon asked, “Can a landlord be sued if there is an open and unlocked void behind your bathroom mirror that goes to an abandoned apartment?”
Excellent question, Shannon. Let’s jump in! Or should I say, climb in??
THE BACKSTORY
By now, many of you have seen the viral TikTok of user @samanthartsoe who discovered her bathroom mirror was a portal to another apartment unit. First, she noticed a burst of cold air coming from the bathroom wall. She stood beside the door jamb, and her hair noticeably moved from the force of the air.
Once she determined her mirror was also a source of cold air, she removed the mirror to reveal A BIG ASS HOLE! (Not to be confused with a big asshole, which you may not be shocked to find in your bathroom.)
She then assembled some friends to watch as she climbed through the hole herself and asked them to stick around just in case. Uhhh yeah, not sure your mortal friends can save you from the actual Candyman who you are doomed to encounter in the hell dimension inevitably through that hole.
On the other side of her mirror, Samantha discovered an entire apartment. It was not furnished or even finished out. Trash bags littered the floor. There was, however, a non-dusty water bottle that Samantha called “signs of life,” leading viewers to conclude that someone had recently been in there. Yikes!
In the end, she made it out of the apartment and back to her place safely. The video concludes with Samantha saying, “My landlord is getting a really fun phone call tomorrow,” and a note that she is “cementing this mirror down.” Fair enough.
What a nightmare! But now the question…
CAN YOU SUE YOUR LANDLORD FOR THIS?
As always, you can sue anybody for anything. Whether and to what extent you can sue your landlord varies by state. Our bathroom wall adventurer is located in New York City (NEW YORK CITY?!) so she’s governed by New York law.
Under New York law, an owner of a rental property must “keep all and every part of a dwelling … in good repair, clean and free from … [any] other thing or matter dangerous to life or health.” This is similar to the law in Texas, where I practice, that says a landlord has a duty to repair a condition that “materially affects the physical health or safety of an ordinary tenant.” As you can see, the standards are a little different, but in general, landlords have a duty to repair certain apartment conditions.
That begs the question — is a giant hole in the wall a threat to her life or health meaning Samantha’s landlord is required to fix it?
Based on the case of Ruthie Mae McCoy, I sure think it is. Ruthie Mae was a tenant at a Chicago housing project who was murdered in her unit after reporting to police that men entered the place “through her medicine cabinet.”
Ruthie’s story is heartbreaking for several reasons, not the least of which is the fact that police later concluded that Ruthie Mae was right. Her attackers did indeed climb in through her medicine cabinet. A Chicago Reader story on the subject included tales of multiple other residents in Ruthie Mae’s building suffering home invasions where perpetrators climbed through medicine cabinets in order to access adjacent apartments.
Those of you who have watched the movie Candyman may recognize the name Ruthie. The original author of the Chicago Reader story explained how parts of Ruthie Mae’s story ended up in the film. Even though it was based on a British short story, Candyman contained some real slices of Chicago life, including a story similar to that of Ruthie Mae.
NOW HOW DO YOU DO GET THEM TO FIX IT?
Let’s agree that the giant hole constitutes a “thing or matter dangerous to life or health.” What can our brave TikToker, Samanatha, do about it?
The first step is always to make a request to the landlord or building super to repair the condition. The NYC Rent Guidelines Board outlines the next steps. If you ask the landlord/super and get no response, the RGB suggests contacting the owner. If there is still no action after that, a tenant can sue in court.
In New York, if the landlord refuses to act, a tenant can sue a landlord to make repairs to their unit using an action called an HP or “Housing Part” case.
A tenant can get the forms they need online from LawHelpNY, which provides free legal information. There is even a step-by-step online form that will pre-populate the complaint and provide information on how to serve it to the landlord and file it with the court. The documents needed are an “Order to Show Cause Directing the Correction of Violations” and “Verified Petition in Support of an Order to Show Cause.”
Once the action is filed, the city inspector should come out and make a report of the conditions in need of repair. The tenant can then use that as evidence in their case against the landlord.
If a condition in an apartment is “urgent and dangerous” to a tenant’s health or safety (like, idk, AN ENORMOUS HOLE IN THE WALL THROUGH WHICH MURDERERS COULD CLIMB???), a tenant can ask the court to go forward without a city inspection. Though a city inspection report is helpful evidence, I’m thinking video footage of a tenant climbing through and showing the extent of the hole is pretty strong, too.
Once the tenant files their claim, they will appear in Housing Court at a hearing, and the judge will decide on the case. The landlord will either be required to fix all of the condition, part of the condition, or not fix anything if the tenant is found to have caused the issue.
In Texas, the process is somewhat similar, but like I said, laws vary by state. If you find yourself in a state other than New York faced with a hell portal in your powder room, check out your local legal aid organizations who sometimes provide free online resources or may be able to provide help via phone.
SO, WHAT SHOULD SHE DO??
Samantha’s idea of calling her landlord is a good first step. The idea of an attacker climbing in through a mirror hole is not far-fetched, so the landlord should take immediate steps to fix it. If not, she can certainly take them to court. Though, I think the several million views on TikTok may put a little pressure on the landlord to make things right without having to go through all that.
Whatever she does, I would also advise that she not stand in front of the mirror and say anything five times in a row. Better not to risk it.
Thanks for the question, Shannon! And thanks to Shannon Joyce (different Shannon) for tagging me in the Chicago Reader story about Ruthie Mae McCoy on Twitter.
Got a question? Submit it here. They can be legal what-if questions, questions on current events, or questions about the legality of actions in TV shows or movies you’ve seen. I never ever want to answer your personal legal questions, so don’t send those. Love you, but I don’t do that.
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