Can a landlord make us pay for a broken window lock and mold on walls?
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Can a landlord make us pay for a broken window lock and mold on walls?
Window was open upon inventory. When we moved into the house we shut it. But when we tried to open it again, it did not open. She is saying we are responsible even though the contractor who quoted us for the work said it is down to the wear and tear of the gear mechanism and we did not break it. We also have mould in our bedroom which she says is because we don’t leave the windows open. I dont think this is a reasonable request in cold weather.
Asked on November 10, 2011 under Real Estate Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The issue is factual: IF you had broken the window lock (forced it open when it was sticking, slammed it too hard, etc.), then you would be responsible for it, though you are not responsible for wear and tear or an old mechanism. Similarly, if you caused the mold in some way (e.g. by taking really steamy, long showers without using a vent fan or opening windows, leading to a high level of humidity), you could be responsible, but not if the mold is due to a leak you didn't cause, bad ventilation in the unit, etc. From what you write, it is most likely that you should not be liable, but no legal dispute is ever certain, and getting into a fight with your landlord can have negative impacts on your tenancy; weigh how much she wants to charge you vs. those other issues before deciding what to do.
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