As a tenant, you have certain rights under the law and under your lease when it comes to your landlord. You have the right to a liveable, safe, and clean living environment. Under what is known as a “warranty of habitability” tenants are entitled to a living space fit for human habitation without any conditions that are detrimental to life, health, and safety. These conditions include dangerous and defective appliances that have been provided by the landlord as part of your lease.
Defective Appliances
Typically, a rented home or apartment will include appliances such as a stove, refrigerator, dishwasher, and sometimes an air conditioner or a heater. Often there are washers and dryers that are also made available on the property. While the vast majority of our interactions with the appliances in our homes occur without incident, there are instances where household appliances can cause serious injury. This is especially true if the appliance is broken or defective in some way.
- Clothes dryers can cause fires, especially when the lint traps aren’t properly cleaned out.
- Stoves and ovens are obviously dangerous and can cause fires if they are old or not properly maintained. Stoves can also tip over and cause traumatic injuries if they are not installed correctly.
- Dishwashers contain heating elements that dry the dishes. Old or broken elements can start a fire.
- Defective heaters or air conditioners can lead to carbon monoxide leaks which can result in serious brain injury or death.
- Refrigerators and freezers depend on complex machinery and dangerous chemicals to cool food. Electrical shorts, worn wiring, and overheated compressors can cause electrocution and even lead to a fire. When refrigerant chemicals inside the unit leak they can be poisonous and can cause serious injuries
Landlord Liability
A landlord is obligated to keep the premises in good repair. Appliances that are provided in the home or apartment belong to the landlord and should, therefore, be maintained just like any other part of the property. This includes replacements or repair for wear and tear and other major problems. If you notice that an appliance in your home is broken or defective, be sure to report it to your landlord immediately. The landlord is required to fix the problem appliance quickly and properly to avoid any liability for injuries resulting from the broken or defective appliance.
Contact an Experienced Attorney
If you’ve been injured by a defective appliance, your landlord may be liable. You should have an experienced attorney evaluate your case. At Bonina & Bonina, P.C., we have over 50 years of experience helping injured New Yorkers. Contact us onlineor call us at 1-888-MEDLAW1 to schedule your free consultation. Home and hospital visits are available. Se habla español.