Legal Question in Real Estate Law in New Jersey

Responsibility for Landlord's Equipment

My landlord built building 12 years ago; I have been a renter for 11 years. The lease says I am responsible for the equipment maintenance. One of the air conditioners on the roof keeps giving out; the landlord will only replace the blown fuse (and then he even stopped that).

Now, after 11 years, the landlord says he cannot get the air conditioner going. I had to have a repairman come and assess the problem: the compressor needs to be replaced with a cost quoted of $1,700.

Am I responsible for replacing the compressor on this air conditioner? It's attached to his building and never ran through a full season without some kind of problem.


Asked on 7/10/00, 10:49 am

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Responsibility for Landlord's Equipment

The issue is what equipment are you responsible to maintain under the lease. Traditionally, it is usually equipment located in your unit, not equipment that effects the entire building. If the air conditioning is for the entire building, and not just your unit, it should be the landlord's responsibility. But, the answer depends upon the specific language of the lease. If you want, you can FAX me a copy of the lease (973)-377-8167, and I will try to interpret it for you. Also, if the equipment was faulty from the inception of the lease, you may have a claim against the landlord for misrepresentation as to its condition from the inception of the lease. It all depends upon construction of the language of the lease.

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Answered on 9/08/00, 11:58 am
Bruce Gudin Ehrlich, Petriello, Gudin & Plaza Esqs.

Re: Responsibility for Landlord's Equipment

since your lease says that you are responsible for equipment maintenance, is there a reason you feel that you are not responsible to repair or replace the ac? I think you are on the hook here.

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Answered on 9/07/00, 11:03 pm


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