Problems with apartment complex in Clifton Park, NY

[andavari]

I was curious about something...

The electric stove in our place recently stopped working after we boiled some water on it (seriously just a little bit). It turned out that the box in the back of the stove had to be replaced. This stove is not my stove but the management company that we rent from owns it. They have maintenance workers on site (3 - 4) and the guy stayed at my place for 20 minutes and they sent me an invoice for $262.50 the next day. Is it legal for them to charge me to fix their stove? This is only one thing they've done wrong to me, there is a laundry list of other items I'm trying to get help with but this has to be the most ridiculous. If it is illegal, how would I go about fighting this invoice?

Mel

[TenantNet]

Unless it's in your lease that you pay for maintenance, the LL is obligation to provide all repairs and maintenance. Exceptions might be for tenant-caused negligence and/or vandalism. Neglect is hard to prove ... but the first thing some LLs claim. If something wears out or breaks through normal intended usage, then it's the LL's obligation. If something just stops working, it's the LL's obligation.

I assume this was a maintenance person provided by the LL and not someone you called out of the phone book, right? If so, ignore the bill and tell them to go to the LL.

[andavari]

No it was one of the maintenance men on staff in the complex. I'll check my lease for that verbage. I mean, me accidentally boiling a little water from cooking wouldn't cause what happened anyway. The box in the back was completely fried. PLUS, the stove in 15 years old. It's an old hotpoint electric stove.

[andavari]

I'll post the exact verbage from the lease on here for you to look at. I'm not sure if it is what it says it is.

[andavari]

This is the exact verbage from the lease::


6. landlord shall repair at tenant's expense all damage to the premises, or the the building of which same forms a part, or to its fixtures, done by tenant or members of his family etc. the cost of such repairs shall be determined by the landlord and billed to the tenant within ten days...... etc.

[TenantNet]

That's damages, not repairs and maintenance. Damages are if you actually did something like threw a brick through a window. What you're talking about is regular repairs, not caused by tenants by a result of using the appliance in the normal and intended way it is meant to be used. You boiled water ... which is what stoves are supposed to do. But even so, I wouldn't offer the LL any additional information as it gives him fodder to invent things. Many leases have damage clauses, but that doesn't apply to maintenance and repairs. Chances are the LL will claim it's damages .... now is the time to document everything as to what happened. I would ignore requests by the LL and maintenance guy for payment other than send one letter to the LL saying the item needed to be repaired.

[andavari]

You've been a great help. Thank you so much for your advice!