« on: January 22, 2008, 08:10:56 AM »
So, my landlord is claiming that a clog deep in my apartments house is caused by hair from our apartment plus my use of draino on a slow draining bathtub caused damages, thus is neglect on my part and that we are responsible for $150 in plumbing costs. I live in NYC. However:
LANDLORDS' DUTY OF REPAIR
Landlords of buildings with three or more apartments must keep the apartments and the buildings' public areas in "good repair" and clean and free of vermin, garbage or other offensive material. Landlords are required to maintain electrical, plumbing, sanitary, heating, ventilating systems and appliances landlords install, such as refrigerators and stoves in good and safe working order. Tenants should bring complaints to the attention of their local housing officials. (Multiple Dwelling Law (MDL) §78 and §80; Multiple Residence Law (MRL) §174. The MDL applies to cities with a population of 325,000 or more and the MRL applies to cities with less than 325,000 and to all towns and villages.)
This doesnt say anything about fault, but my lease says that I am responsible for repairs resultant from my "acts or neglect". I dont think that seeing your tub draining slow for two days and then using draino constitutes neglect, or that my lease would supersede NYS law, but I was wondering what you guyesesses opinion is.