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

You're responsible for making sure you don't damage the woodwork inside the house. You're not responsible for general upkeep on the outside of the house.

I would say, given the circumstances, that you have a case if you want to pursue it. Is your landlord aware of your injury?

In many cases, it would be illegal for you to hire someone to repair this as you are not the homeowner... and if you tried to do it yourself and did not do it properly, then YOU would be open for a lawsuit, so as homeowner, landlord should be responsible.

In any event, you were not responsible for repair of exterior railing. If disrepair caused you personal injury then you may have a case against him. You might want to make sure he is aware of your injury first and see what his response is... and keep a copy of your letter. Consider it to be step #1 in what might be a long process, although he should have homeowners insurance that should cover this injury and because it's a rental there should be specific coverage for tenents injury due to negligence on his part.

Answer 2

Talk first with your landlord. If that doesn't get you anywhere then you would need to contact an attorney who deals in landlord/tenant law. But before you do you need to get together a few things. Talk with the other tenant(s). Who notified the landlord of the problem with the banister? If it comes down to it will the other tenant back you up (get it is writing). Have a copy of your lease with you when you speak to an attorney. And like someone else commented plan on moving.

Answer 3

Because it mentions that you are responsible for the general structure of the property, I would tend to think you are out of luck. It seems to me that you are responsible for quite a bit. Did you have a lawyer look at the agreement prior to signing it? It looks like you might have a loophole in as much as it says that Tenants shall make no alterations, decorations, additions or improvement in or to the premises without landlords’ prior written consent.

Good luck.

Answer 4

Well here in America its the landlords job for pest control in most situations. However, what does your lease or rental agreement say about pest control. If there is nothing in the lease about pest control then still ask him if he will call someone to do something. Also, here in America we have other things besides the little wooden traps with cheese, there are sticky boards for mice ( i caught 3 one time) there are also traps that are sound activated and are mouse houses and have little doors hat close when the mouse goes in. Try one of the other traps out there and check your rental agreement.

Answer 5

it is the landlords responsibility ! not yours to keep the house in a safe liveable condition. you do have the option of taking him to court as long as you have proven documetation that the banister has been broken for some time . take pictures, jot down times and dates you have called him or spoken with him about the matter. if things don't get taken care of you have an option of putting his rent into an escrow account until things are fixed

Answer 6

Sounds like your Landlord should FIX it !! Especially since it IS outside & not part of the apartment! Thats why I never want to be a LandLord!! He is responsible for maintaining fixtures like that--IF you tell him your getting a Lawyer so he can pay for your injuries & damage to you!--he might be either More eager to fix it-- or give you an eviction notice-- want to take a chance??

Answer 7

generally a landlord must maintain the property in safe and habitable condition. Contact the License and Inspections department for your town - they can give you specific information on what the landlord's responsibility is with regard to the stairs, railings, snow removal.

You may want to ask them to inspect the steps where you fell. It would be helpful to have a report if you have to sue the landlord with regard to your injury.

Answer 8

I live in Missouri and own rental prop. Here it is the landlords responsibility for repairs such as these. He could be setting himself up for a lawsuit. He has to ensure tenants safe entry/exit and that includes secure and sturdy handrails.

Answer 9

I also own rental properties and think this would be the owners responsibility. However, the lease agreement and local laws and regulations would ultimately prevail in a challenge to that question. Has the owner/manager told you it is your responsibility
When notified of the problem? Do you have documentation that they are even aware of the problem?

Answer 10

It is the landlord's responsibility to do the repairs. Send him a letter/note asking when the repair will be scheduled.
If he is not aware of your fall and broken arm, mention it. You might also tell him that due to the broken bannister/post there was nothing for you to grab onto to stop your fall.
Don't get nasty or threaten him, just state the facts and see what he does.
good luck.