Glenn H. Spiegel
in
New York Times
,
Real Estate Section
, TAKING RESPONSIBILITY FOR PLUMBING REPAIRS, August 3, 2009
By Jay Romano
Q.
I live in a rent-stabilized Manhattan apartment. My landlord recently implied that by sending in a plumber to fix a nonworking toilet, she was doing me a favor. Isn't plumbing the owner's responsibility?
A. Glenn H. Spiegel, a Manhattan real estate lawyer, says that responsibility for the cost of the repair depends on the cause of the problem.
"If the repair is of a routine nature or is the result of a malfunction caused by ordinary wear and tear," he said, "then the landlord would be responsible."
On the other hand, if the situation is caused by the tenant -- if, for example, the tenant makes an improper repair -- the landlord can take the position that the tenant is liable.