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 ? These are listed in the rental agreement

Tenant Responsibility: Good housekeeping is expected of everyone. Tenant agrees to keep quarters clean and in a sanitary condition. The tenants agree not to permit any deterioration or destruction to occur while they are occupying the property. They agree to maintain the walls, woodworks, floors, furnishings, fixtures and appliances, windows, screens, doors, plumbing and heating fixtures, as well as the general structure and appearance of the property.

Tenant To maintain Dwelling Unit:
1.) Comply with all obligations primarily imposed upon tenants by applicable provisions of building codes materially affecting health and safety.
2.)Keep that part of the premises that he occupies and uses as clean and safe as the condition of the premises permit.
3.) Dispose from this dwelling unit all ashes, rubbish, garbage, and other waste in a clean and safe manner. No items are to be placed on the front porches without permission by the Landlord.
4.) Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits.
5.)Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, other facilities and appliances in the premises.
6.) not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises or knowingly permit any person to do so.
7.) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbor’s peaceful enjoyment of the premises.

Residents warrants that he/she will meet above conditions in every respect, and acknowledges that failure to perform the obligations herein stipulated will be considered ground for termination of this agreement and loss of the deposits.

Alterations: Tenants shall make no alterations, decorations, additions or improvement in or to the premises without landlords’ prior written consent.

Waiver: All rights given to Landlord by this agreement shall be cumulative in addition to any laws which exist or might come into being. Any exercise of any rights by Landlord or failure to exercise any rights shall not act as wavier of those or any other rights. No statement or promise by Landlord, its agents or employees, as tenancy, repairs, amount of rent to be paid, or other terms and conditions shall be binding unless it is put in writing and made a specific part of this agreement.

Could You explain to me if he would still be responsible for my fall and injury? In “Tenants Responsibility” it says “woodworks” does that mean the porch too since it is made out of wood? Does this means that the fall and injury is my fault?

Answer 1

what it means by maintain in this case is to keep them clean and inform him if you have something that is in need of repair. No one is going to expect a tenant to make repairs to a place they are renting unless they are responsible for the damage. Yes your landlord is responsible for your broken arm and should have to pay any and all bills incurred by this fall as well as any lost wages on your part.

Answer 2

You can try suing for lost wages and cost of hospital/medical bills.
The injury is due to a slip and a fall. The landlords duty would have been to keep the stairs/walkway free from ice by shoveling the snow and putting salt regularly. That would be the crux of your argument. The absence of the bannister is only a "by the way" statement of fact.

Answer 3

The entry to the building is a public area. He is responsible for maintaining that (and anything that has to do with the safety and security of the tenant, even if it is mentioned in the areas you listed.) If he knew about the hazard - and you need to be able prove that, ie did you personally tell him, is there anything in writing or witnesses - he is absolutely responsible.

You need to see an attorney to clarify your choices - but his liability is without question. Now to enforce it....

Answer 4

Where is the "Landlords" responsibilities? He sounds like a real jerk to me. Any way it goes, it's his house, he legally has to maintain things like that, that are broken. It's his fault. Consult a lawyer....soon! It is also not your responsibility to take care of things like the woodwork, or the furnace, etc. other than making sure they don't get ruined because of your neglect. Good luck on this! Call a lawer now!

Answer 5

Your question is very long winded...short answer..If you can prove you have asked for repairs and they were not made in a reasonable amount of time, your landlord is the negligent party, and will need to pay for your damages. Get a lawyer if he will not accept responsibility.

Answer 6

no problem....even though you clearly signed a lease you did not understand your landlord is responsible. the long lease is a trick by the landlord and his lawyer to discourage potential lawsuits....tell him you want the doctors bills paid, the banister fixed in 2 weeks and two-thousand dollars for pain and suffering. if he refuses or doesn't come back with a reasonable counter offer pay a lawyer 75 dollars to send a letter asking for the same thing and twenty-thousand dollars...

Answer 7

First & suited, it is the accountability of the two events to substantiate that the development in question is in superb condition to stay for the completed length of the lease. first of all, if the owner has given you the abode in solid circumstances wherein each little thing grew to become into working in tip precise situation, then it is your accountability to substantiate which you safeguard it in tip precise situation. If there have been plumbing themes before you moved in or you found out related to the plumbing themes in the present day once you moved in, then the owner is liable to provide you the de-clogging and pay for the fees. in case you have lived interior the abode for an prolonged at the same time as with out themes and now you have plumbing themes, than there's a probability which you are going to have reason the themes from the way you have use the applying, as such it is your accountability to pay for the wear and tear. at the same time as the owner supplies you you with the basics, it is your household projects to substantiate which you save each little thing interior the abode in solid circumstances. different than for positioned on and tear, the tenant in many cases are household projects for any harm to the valuables and its utilities.