Full question:
I have rented my house in New York to a family. I had made some repairs in the building recently and got some new electrical appliances for the tenants. Due to some glitch in the new electrical appliances, the kitchen caught fire and got damaged. Now my tenant wants to quit the rental premises and shift to a new house. Can my tenant quit the premises in such a situation?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: New York
Answer:
In New York, if the rented premises is destroyed or injured by the elements, making the premises unfit for occupancy and the destruction or damage to the building was not due to the fault of the tenant, then the tenant may quit and surrender possession of the leasehold premises (unless any express agreement to the contrary has been made in writing between the landlord and the tenant). In such a situation, any rent that was paid in advance or has accrued by the terms of a lease or any other hiring may be adjusted to the date of such surrender.NY CLS Real P § 227reads:
“Where any building, which is leased or occupied, is destroyed or so injured by the elements, or any other cause as to be untenantable, and unfit for occupancy, and no express agreement to the contrary has been made in writing, the lessee or occupant may, if the destruction or injury occurred without his or her fault or neglect, quit and surrender possession of the leasehold premises, and of the land so leased or occupied; and he or she is not liable to pay to the lessor or owner, rent for the time subsequent to the surrender. Any rent paid in advance or which may have accrued by the terms of a lease or any other hiring shall be adjusted to the date of such surrender.”
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