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obligation to fix gates?

Posted by bruce on October 29, 2001 at 23:21:16:

recently, the flushometer on my toilet broke, causing a flood in the apt below. the tenant freaked (understandably) and since i was not at home called the fire dept instead of the super. the firemen came up the fire escape and attempted to pry open the window gate on one of my windows, basically destroying the gate. i contacted my renters insurance provider, who declined coverage of the damage, saying that since gates are a fixture of the apt the landlord is liable. the landlord refuses to fix the gate, claiming that it is my responsibility. since the gates were in the apt when i rented it, and since i had no control over the cause of the flood (bad plumbing) shouldn't the landlord be responsible? wishful thinking?

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