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LANDLORD IN POSSESSION
Q: In the bathroom at my workplace, water had accumulated on the floor,
and I slipped. Shortly afterwards, both a coworker and an employee of the
building’s managing agent told me that the hot water heater had been malfunctioning.
Can I sue the landlord?
A: Often, the landlord seems entirely to have parted with possession, e.g. by
means of a net-net-net lease. An out-of-possession landlord and its agent are not
liable for injuries caused by dangerous conditions on leased premises in the
absence of one of three exceptions: (1) a statute imposing liability, (2) a contractual
provision placing the duty to repair on the landlord, or (3) a course of conduct by
the landlord giving rise to this duty.
Your attorney will demand to see a copy of the lease. Perhaps there is a
provision requiring the landlord to remedy any defective condition in any plumbing,
heating system or electrical lines located in the demised premises following
prompt notice by the tenant. If so, you appear to have a good chance of succeeding
with the second exception.
From the fact that the landlord’s managing agent knew about the
malfunctioning, you appear to have evidence both that the landlord had received
notice and (under the third exception) that there was a course of conduct putting
the responsibility on the landlord. Your attorney is able to argue both that the
landlord had notice of the defective hot water heater, and that the landlord was
under the duty.
BAYSIDE | 36-29 BELL BLVD. | 718.631.8900
Bayside $1,499,000
Magnificently renovated 4BR, 2.5 bath CH Colonial on landscaped corner lot.
Spacious LR w/ Fpl, FDR with French doors to brick patio. Open layout
kitchen with Granite counters. Private fenced yard. Sun drenched den.
Hardwood floors throughout! Fin attic, 2 car garage. Solar powered.
CALL: Jennifer Scala 917.796.5251 & Martha Milazzo 917.582.8438
Whitestone $1,250,000
Stucco & Brick beautiful home with 4 Bedrooms, 2Baths, Living room, FDR,
Granite counters in kitchen,Full finished basement & full attic.Perfect for
extended family.4 Car driveway, A MUST SEE!
CALL: Margaret Loughlin 347.728.1755 & Diane Roth 201.240.8897
WEST HEMPSTEAD $2,350,000
Near Garden City
This Magnificent Mediterranean Style home features over 7,800 sqft living space! this
home has 8BRs, 6.5Baths, each bedroom with walk in closet. LR & Den with Fpl, marble
& radiant heating floors, banquet size FDR, Full length of home basement with game rm
& utility rm. Spacious backyard oasis. A must see! Call for private viewing:
CALL: Martha Milazzo 917.582.8438 & Debbie Fiscaletti 917.848.1163
BEECHHURST $1,390,000 FLUSHING $1,288,000
Lovingly maintained Brick Tudor & Stone features 4Bedrooms, High
ceilings, den, LR with Gas FPL, FDR, Eik with breakfast nook has access
to rear deck for entertaining! Near to Bowne Park & LIRR!
CALL: Terry & Peter Korahais 718.631.8900x 4021/4022
Prime "Robinwood" Mediterranean features stunning original built with sunken LR,
Wood burning FPL, New Granite Eik, Terracotta roof, Paver driveway & 2 Car
garage. Florida rm on 2nd floor with Bridge & Water views. Private security.
CALL: Terry & Peter Korahais 718.631.8900x 4021/4022
WHITESTONE $1,198,000
Exp. Cape on Oversized property features 3bedrooms, Great room, FDR, FPL,
Updated Eik, siding & roof. IG Pool 40x18x9, Sprinkler & Alarm System,
3 zones, CAC, Garage & long driveway.
CALL: Terry & Peter Korahais 718.631.8900x 4021/4022