Landlord Liable for Water Damage to Tenant's Property

August 31, 2000

LVT Number: 14357

Tenant sued landlord for reimbursement for property damages. Tenant's computer and other items were damaged when water from the apartment above came through tenant's ceiling. Landlord claimed that it wasn't responsible, because tenant's lease had a clause stating that landlord wasn't liable for property damage from falling water or leaking pipes unless caused by landlord's negligence. The court ruled for tenant. Any agreement by tenant to waive his right to the warranty of habitability was void, because it was contrary to public policy.

Tenant sued landlord for reimbursement for property damages. Tenant's computer and other items were damaged when water from the apartment above came through tenant's ceiling. Landlord claimed that it wasn't responsible, because tenant's lease had a clause stating that landlord wasn't liable for property damage from falling water or leaking pipes unless caused by landlord's negligence. The court ruled for tenant. Any agreement by tenant to waive his right to the warranty of habitability was void, because it was contrary to public policy.

Zanders v. Pine Mgmt. Inc.: NYLJ, 8/9/00, p. 26, col. 6 (Civ. Ct. Kings; Silber, J)

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