Legal Question in Landlord & Tenant Law in New York

bursting pipe

I rented a building from november 14 to december 25 to sell christmas trees .On the dec. 21 a pipe inside either broke or froze then broke now the renter says its my responsibility ,is that correct


Asked on 1/05/08, 12:41 pm

1 Answer from Attorneys

NEAL SPECTOR, ESQ. NEAL S. SPECTOR, P.C.

Re: bursting pipe

Your question isn't clear whether you are the tenant or the landlord, if there was a written lease, where the pipe was, what type of pipe it was and what type of zoning the space (or building) is in. Assuming this was a commercial building and there wasn't a written lease the answer may depend on conversations, letters or notes that exist concerning the "agreement," even if it is oral, to determine if this was a "net" type lease or even net-net, or net-net-net lease arrangement. If it was, a tenant could find it difficult to establish liability on the part of the landlord. If it was not a net lease arrangement, then generally a landlord has a duty to maintain the interior systems of the premises. That may or may not include the pipe you are referring to since you did not describe it.

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Answered on 1/05/08, 3:16 pm


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