Log in

View Full Version : Who should pay for it.


jacklion
Aug 3, 2009, 08:41 AM
I rent a apratment in NYC.
The trigger of water tank for the toilet was broken due to its age.
My landlord ask me to pay for that. I do not think it is fair as it was weared not my neglect.

I found 'repair' part in my contract.
Tenant must , at tenant's cost make all repairs and replacements whenever the need results form tenant's act or neglect.

Anyone can give any advice if I should pay for that by law or contract.

Many thanks

JudyKayTee
Aug 3, 2009, 08:55 AM
It's going to boil down to whether this is a repair for which you are responsible by contract (and I find the language of the contract - "use by tenant" - to possibly include any and all repairs if they are necessitated by use, not abuse) OR if this is just something that broke because of age.

Again, I find the language to greatly favor the landlord - of course things break due to "use." It's "misuse" that should be covered.

this8384
Aug 3, 2009, 09:19 AM
Just out of curiousity, how much is this repair going to cost?

AK lawyer
Aug 3, 2009, 12:28 PM
Just out of curiousity, how much is this repair going to cost?

I'm guessing there will be change left from a $20.

s_cianci
Aug 3, 2009, 01:13 PM
Was it broken when you first moved in? If so, then it should not fall on you to replace it. However, if it broke after you moved in, then from the sounds of things, based on what you've said, it'd be your responsibility to replace it. Either way, replacing a toilet tank trigger is not too costly and relatively simple so, just as a matter of convenience I'd just replace it on my own rather than get into a pissing contest with the landlord over it.

s_cianci
Aug 3, 2009, 01:14 PM
I'm guessing there will be change left from a $20.Easily.

JudyKayTee
Aug 3, 2009, 01:41 PM
Go to court and show all evidence that you can get that he has to pay for any damages and show that it was like that since you moved in. you have to take action and do something about this.In these economic times you have to save mony one way or another. trust me it will work



You are 12 years old and should not be on this board.

jacklion
Aug 4, 2009, 03:35 AM
LANDLORDS’ DUTY OF REPAIR
Landlords of multiple dwellings must keep the apartments and the building’s 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
19
And 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 §78 and §80;

jacklion
Aug 4, 2009, 03:36 AM
Was it broken when you first moved in? If so, then it should not fall on you to replace it. However, if it broke after you moved in, then from the sounds of things, based on what you've said, it'd be your responsibility to replace it. Either way, replacing a toilet tank trigger is not too costly and relatively simple so, just as a matter of convenience I'd just go ahead and replace it on my own rather than get into a pissing contest with the landlord over it.

What if it is a 2000usd TV tomorrow?

Fr_Chuck
Aug 4, 2009, 03:56 AM
The issue here is it would appear the landlord thinks you broke it. And I guess it all goes to how it got broke. I know they break, since they sell replacements, but how it broke and where it broke is the issue.

amyjoey
Aug 4, 2009, 05:49 AM
If in your contract it states that the tenant is to pay for any damages, or broken items within the property then unfortunately it is down to the tenant, if you do not pay for damages as little as they be you could be in breech of your contract, also if it is only $20 I'm not sure it is really worth upsetting the landlord over as they can sometimes be funny about things like this, so be careful with how you approach the matter. Also if you have rented the apartment through a company go through them first not the landlord directly.

JudyKayTee
Aug 4, 2009, 06:00 AM
If in your contract it states that the tenant is to pay for any damages, or broken items within the property then unfortunately it is down to the tenant, if you do not pay for damages as little as they be you could be in breech of your contract, also if it is only $20 im not sure it is really worth upsetting the landlord over as they can sometimes be funny about things like this, so be careful with how you approach the matter. Also if you have rented the apartment through a company go through them first not the landlord directly.



If you read the wording in the lease - which I addressed right from the beginning - this is the question. Why did it break? That's the argument.

jacklion
Aug 4, 2009, 06:10 AM
The part of the trigger inside of the water tank was broken. I could not reach that part by opening the cover of the tank.

excon
Aug 4, 2009, 06:26 AM
Hello j:

If you lease says that you're supposed to repair the landlords stuff because it broke, those provisions CAN'T be held up in court, because it's contrary to state law.

The trouble you're having is because the ll thinks YOU broke it, and it YOU did, YOU need to fix it. But if it just broke, then it's the landlords responsibility.

The OTHER situation you're having, is whatever broke doesn't appear to be an expensive item... It just might be easier on you, to get it fixed yourself.

excon