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I pay to park my car in the garage in the building where I live. If my car is damaged, is the building owner responsible??

I pay for a parking spot in the garage where I live. This garage is not maintained at all. When it rains outside, water leakes all over my car inside. The spots where it has been leaked on is creating stains on my paint that can not be removed. It is ruining my paint job. I have the only spot in the garage that leakes. When I signed the agreement to park in the garage I didn't know I would be parking in these conditions or in that specific spot. In the agreement the building owner says that he will not be liable for water damage. Is the building owner still responsible?? It is much more than water damage. The building is deteriorating and that mixes with the leaking water to damage my paint. Is the owner responsible??

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Attorney answers (1)

Reputation Level 14
I am not practicing in New York but generally you need to have a local attorney look at your lease to see what it says about landlord duties under the garage/parking agreement - chances are there is a provision wherein you waive liability for things that occurr in the garage. However, if the landlord was on notice of the problem and intentionally failed or refused to cure it there may be a cause of action for your damages and any costs to park elsewhere until it is cured.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive legal consultation and review of all the facts and documents at issue. This answer does not constitute an attorney-client relationship.

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