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 rental property is damaged or destroyed, making it unfit for living, the tenant may leave and surrender the lease, provided the damage was not their fault. This applies unless there is a written agreement stating otherwise. If the tenant surrenders the lease, they are not responsible for paying rent after the surrender date. Any rent paid in advance will be adjusted accordingly (NY CLS Real § 227).
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