Landlord Can't Charge Tenant for Replacement of Shower Pan

Tenant complained of a rent overcharge when landlord charged him $750 for replacement of a shower pan in the bathroom. Landlord claimed that tenant was responsible for the cost of such repairs under the terms of his lease. The DRA ruled against landlord. Landlord appealed and lost. The lease said that tenant wasn't responsible for structural repairs or for repairs that didn't result from tenant's negligence. This was a structural repair, and landlord didn't prove that tenant caused the need for the repair.

Mulford Pl. Assocs.: DHCR Adm. Rev. Dckt. No. GF710002RO (1/11/00) [2-pg. doc.]