Landlord Not Required to Repair or Replace Tenant's Smoke Detector

January 13, 2013

LVT Number: #24546

Tenant sued landlord for damages after a fire occurred in tenant's apartment. Landlord claimed that it wasn't responsible and asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. Landlord had no duty to maintain, repair, or replace the smoke detector in tenant's apartment. It had installed a functional smoke detector in tenant's apartment within one year before the fire and had received no written notice that it wasn't working.

Tenant sued landlord for damages after a fire occurred in tenant's apartment. Landlord claimed that it wasn't responsible and asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. Landlord had no duty to maintain, repair, or replace the smoke detector in tenant's apartment. It had installed a functional smoke detector in tenant's apartment within one year before the fire and had received no written notice that it wasn't working.

Vanderlinde v. 600 West 183rd Street Realty Corp.: 955 NYS2d 516, 2012 NY Slip Op 08815 (App. Div. 1 Dept.; 12/20/12; Tom, JP, Sweeny, DeGrasse, Manzanet-Daniels, Clark, JJ)

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