New York Landlord's Waiver of Right to Retain Equipment
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How to fill out Landlord's Waiver Of Right To Retain Equipment?
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FAQ
Yes, it's standard practice in New York City to provide kitchen appliances, and it's important in a competitive market for landlords to offer amenities that at least match what other landlords offer. But there's no law making them.
A: There is no city law requiring tenants to pay for new appliances if their old ones break. On the contrary, the warranty of habitability, a state law, requires your landlord to provide you with a safe, livable and clean apartment, which would include a functioning refrigerator.
The mandatory rental waiver under the RWF is intended to establish a baseline position for the handling of tenants' rental obligations. Landlords and tenants are encouraged to work out mutually agreeable arrangements based on their specific circumstances.
New York has a law called the "Warranty of Habitability" (Real Property Law 235-b). "Warranty" means promise. "Habitable" means that the rental unit is a safe and decent place to live. Any landlord who rents you a place to live must keep it in safe and decent condition, and must do needed repairs.
If your landlord has supplied an appliance such as a cooker or a washing machine that was working as the beginning of the tenancy, they have a responsibility to repair or replace it if it breaks down, unless this is the result of your negligence.
Whatever appliances owners do provide, they are responsible for keeping them in working order. A landlord is also responsible for providing the gas to power a stove so even if you are asked to install your own appliance, the power must be there to make it function.
What are the responsibilities of my landlord? Owners must ensure that buildings are safe, clean and well maintained, in both common areas and in individual apartments. Among other responsibilities, owners must provide and maintain security measures, heat, hot and cold water, and good lighting.
Your New York landlord is required to make any repairs that have to do with your health and safety or expectations about your rental, and your lease probably requires them to fix appliances that they installed. New York landlords are responsible for repairs when those repairs are listed in Real Property Law 235.
Is this really the case? A: There is no city law requiring tenants to pay for new appliances if their old ones break. On the contrary, the warranty of habitability, a state law, requires your landlord to provide you with a safe, livable and clean apartment, which would include a functioning refrigerator.
Your New York landlord is required to make any repairs that have to do with your health and safety or expectations about your rental, and your lease probably requires them to fix appliances that they installed.
