Landlord's responsibility?

Question

I live in the state of New York (Upstate)...I live in a apartment. Which is a house with 2 apartment, one upstairs one down stairs. There is only one entrance to get into the apartments...which is also your exit as well. But before you can enter the apartment...You have to go on the porch. The porch used to have two post/banister. One of them has been broken for many months. And the owner/landlord haven’t fix it yet, he just laid it alongside of the porch. I understand he has lot of iron in the fire(other things to do)such as take care of the other houses and apartments he has. Because I know he owns a lot of buildings and stuff. But it would only take 10-15 of his time to fix. A few mornings ago. I was coming down the steps, and happened to slip on some ice/snow. I could of have some support if the post/banister was there, but which it wasn’t, and in result of that. I broke my arm. Is that my fault. Would that be the landlord responsibility to fix that or was that the tenants responsibility ?

I cant do anything because he will prob. kick us out...and i dont have a place to go if he does that.

Answer 1

Landlords resposibility, both the porch railing, and probably the broken arm and medical bills. You should check with an attorney or a mediation group to help you with this.
Mediation is a good choice because it helps both sides come to an agreement at a lower cost than pulling out the big guns (attorneys).

Answer 2

NO!!!!! That is not the tenants resposibilities. You are responsible for repairing things you damaged in your own apartment. That is the point of paying a security deposit (in which u should get back when u move)so that any damages u make can be fixed other than that your landlord is fully responsible for repairing all the things to his home. Have you tried researching the laws in New York because I live in Connecticut and and sum things might be different but in this case I think it should be the same.
maybe you should speak to him......as long as you know you pay him his rent on time and never are a problem then it should be no reason why he cannot dedicate time to fix things. Or if you want to volunteer to fix it talk to him about it and maybe you and him can work out an agreement of deducting the exspenses from your rent for repairing it for him. It is not your job and I am deeply sorry for what has happened to you. He should also have offered to help with your medical too!!!
So goodluck on that and take it easy

Answer 3

Interesting........

man slips on ice or snow on steps, breaks arm, missing banister. It is the homeowners fault because he is supposed to keep the apartment safe. So everyone here says he must race between his properties cleaning ice and snow from every outside surface.

I would say the renter is partly at fault because he should be cleaning the walkway.
TALK to your landlord.

Why is it no one asked the tenant why the walk way was covered in ice and snow........Why is the banister broken? Did one of the tenants break it? Why did the tenants not fix it? So they have put up a deposit for damages. When I rented, If it broke, I fixed it. When I left each and every house I ever rented, I got every penny I paid for damages back. In some cases, they paid me more than I paid.

Answer 4

so sorry to hear that you broke your arm but here is your answer, it is the landlord's responsibility to fix, replace the banister/post. Plus you should turn in your injury to his insurance company to be compensated for your broken arm. It is not the responsibility of the tenant, unless a written agreement has been signed otherwise, to repair, fix or replace any item that is part of the dwelling; attached. I happen to be well versed in all of this since I am a landlord of many properties and it makes me very mad and upset when landlords shrug their responsibilies; a few minutes of his time could have been taken to put it back up or replace it, instead of spending his time throwing it on the ground and you would not have to be going thru coping with a broken arm. If he does not have time to fix things then he needs to not have rentals. Also most insurance companies are really strict about safety issues and he could be in trouble with the insurance company for not fixing the banister immediately. Also, FYI, if you, I am in hopes you do, turn your claim into his insurance company, the landlord can take NO NEGATIVE actions against you. Landlords like me only want one thing for our tenants, to give them a safe and secure place with all the working elements that ourselves not only want but have. Good luck to you.

Answer 5

Proper maintenance of the property *is* the landlord's responsibility. He should have fixed this dangerous situation long ago, even if it meant hiring someone else to do it. You may need to talk to a lawyer about the medical bills, it sounds to me like the landlord should be held accountable for them. Go over the rental contract with a fine tooth comb to see if there is anything he he might be able to twist around to have you out of the apartment. I understand you may have no other place to go, but I think you should start keeping an eye out for other places -- just in case. Good luck and talk to a lawyer.

Answer 6

i smell a lawsuit. broken bones are worth more than soft tissue injury's (arthritis, etc) also your loss of income, pain and suffering. You are protected by law against reprisal from the owner. just keep paying your rent on time! the owner cannot evict you or hassle you in any manner. This is not personal and I'm sure he has had a previous incident at one or more of the numerous properties he owns. look. if You owned your own home and lets say it was a friend who came over and the same thing happened. Would you expect your friend to just forget about it? or tell them too bad, it is their own fault? No, you would be responsible financially. that is why we should and in this case, are required to carry liability insurance. Don't be afraid to stand up for yourself. you are in the right!

Answer 7

Like everyone else has said, it is the landlord's responsibility to fix the post and railing. Your state and possibly local government should have some type of tenants right commission you can contact for assistance in getting the repairs done and possibly get your medical bills paid. Review your lease, if it is a preprinted type of for it will cover just about everything about who is responsible for what and who to contact about unresolved issues.

Answer 8

It's the landlord's responsibility to keep the area safe and live-able. But check your rental contract to see who is responsible to de-ice the porch, entrance area. Even though you might be the one to de-ice, your landlord is ultimately responsible for the overall safety. Tell him/her that because of his negligence that you have broken your arm. He should be scared to death (his insurance might not pay for this kind of fault). He is responsible to fix the railing right away. He should also be responsible for your medical expanses and whatever lose you endure due to the broken arm.
I wish you a speedy recovery.

Answer 9

As a tenant you have specific rights and laws that protect you from irresponsible landlords. Check with the local and state offices about what the laws and rights of renters are. We have rights just as homeowners do. Good Luck, Sorry to hear about your arm, hope it is healing well.

Answer 10

Sounds like you have a lawsuit if you wanted, You could get the medical bills paid for and pain and suffering. Probably worth somewhere between $2500-$10,000 depending on how bad the break was.