Legal Question in Landlord & Tenant Law in New York

I am a soldier in the united states army currently stationed in Afghanistan however my fiance resides in New York State, "Under the warranty of habitability, tenants have the right to a livable, safe and sanitary apartment. This is a right that is implied in every written or oral residential lease. Any lease provision that waives this right is contrary to public policy and is therefore void. Examples of a breach of this warranty include

the failure to provide heat or hot water on a regular basis,

or the failure to rid an apartment of an insect infestation." My question is I live in a privately owned house and retain a lease that states that the tennant is to pay for all utilities, do I have any grounds to pay lower rent as the landlord has not payed for any heat, and in order to keep the house 55* I spend in excess of $800.00 a month for fuel oil. Also the furnace is a 50+ year old unit, and when it was repaired, twice, the technician notified the landlord that the unit needed to be replaced because it is inefficient and there are no longer parts available to properly repair the unit. The landlord did not make us aware of the rediculous amount of money necessary to heat the home, and my 3month old son lives there as well.


Asked on 12/02/10, 8:39 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Paying heat and providing heat are two separate issues. If the lease says that you must pay for utilities, then that is your obligation. However, if the furnace breaks it would be the landlord's responsiblity to fix to provide heat.

Mike.

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Answered on 12/07/10, 10:20 am


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