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Re: Do I fix a problem LL is responsible for, in hopes I will be reimbursed later?

Posted by New York Tenant on June 20, 2001 at 17:48:32:

In Reply to: do i fix a problem LL is responsible for in hopes i will be reimbursed later? posted by jane on June 20, 2001 at 15:56:49:

If this were a rental apartment, there would be no question that the landlord would be obligated to make the repair, and then the burden would be on the landlord to prove that you had been somehow negligent and that you should ultimately be responsible for the repair.

But with a loft, it always gets more complicated. Do you know the status of your building, according to the Department of Buildings, the Loft Board, and DHCR?

: Brooklyn, NY
: standard loft lease in a commercial building
: i live there with landlord's permission

: the lock to my unit is located in the elevator and broke 5 days ago. the super insists i broke it, although we both understand [to slightly different degrees] that it wore out from frequent use. he insists i must pay to have it fixed. i have not called management yet because when events like this have occured in the past[several], they say "you must do whatever the super says. i dont care if it is illegal and in violation of your lease. you can sue us later." and then they hang up. Seriously--exact words! my lease specifically states i am not responsible for the elevator. i am going to research and ultimatley fix this problem, hire a lawyer, go to small claims, etc,
: but in the meantime,my question:

: do i pay a locksmith to fix it NOW, acting as if i think it is what i should do and hope i will get reimbursed later thru whatever means i take? or should i wait and let my 6 roommates endure the inconvenience of taking the stairs, because the LLs might just fix it themselves or because it would seem better for my "case"?

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