Legal Question in Real Estate Law in New York

Landlord Responsibilities re: Main Gas Line

Landlord states that his tenants are respopnsible for utilities.. Main Gas Line was found to have numerous leaks affecting 6 commercial stores.. Leases state he is responsible for structural repairs... Question? Is the Main Gas line a building fixture which in turn is considered structural or an ordinary part of R & M??

Thank you in advance...


Asked on 1/02/06, 6:05 pm

3 Answers from Attorneys

Robert R. Groezinger GroezingerLaw P.C.

Re: Landlord Responsibilities re: Main Gas Line

A main would, in my opinion, be considered structural.

Good Luck

RRG

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Answered on 1/02/06, 6:52 pm
Peter Moulinos Moulinos & Associates LLC

Re: Landlord Responsibilities re: Main Gas Line

First, I would need to review the lease to see the tenant's responsibilities set forth therein.

Notwithstanding that, the main gas line can be considered a structural fixture which is the responsibility of the landlord. It can also be the responsibilty of the gas company, depending on where the problem lies.

Feel free to contact me should you have any further questions or require additional assistance.

Kind regards,

Peter Moulinos

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Answered on 1/02/06, 7:27 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Landlord Responsibilities re: Main Gas Line

I CONCUR WITH BOB AND PETER. UTILITY OBLIGATIONS ARE USUALLY ONLY TO PAY FOR THE SERVICES, NOT TO REPAIR OR MAINTAIN THE LINES, UNLESS DAMAGE IS CAUSED BY THE TENANT'S NEGLIGENCE. MAIN GAS LINES ARE USUALLY STRUCTURAL (LANDLORD'S RESPONSIBILITY) ALTHOUGH THE REPAIR AND MAINTENANCE MAY BE THAT OF THE SUPPLIER. HAVE YOU REPORTED THIS TO THE SUPPLIER?

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Answered on 1/04/06, 12:14 pm


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